2020 Indiana Code
Title 34. Civil Law and Procedure
Article 30. Immunity From Civil Liability
Chapter 13. Health Care: Immunity of Persons Providing Voluntary Health Care
34-30-13-1.2. Immunity Related to Volunteer Health Care Service
Sec. 1.2. (a) Except as provided in section 2 of this chapter, a person who meets each of the following criteria is immune from civil liability resulting from any act or omission related to the provision of a health care service:
(1) Is licensed as any of the following:
(A) A physician under IC 25-22.5.
(B) A physician assistant under IC 25-27.5.
(C) A dentist under IC 25-14.
(D) A nurse under IC 25-23.
(E) An advanced practice registered nurse (as defined in IC 25-23-1-1(b)) who is licensed under IC 25-23.
(F) An optometrist under IC 25-24.
(G) A podiatrist under IC 25-29.
(2) Provides the health care service:
(A) voluntarily;
(B) to another individual;
(C) without compensation;
(D) within the scope of the person's license described in subdivision (1); and
(E) at a location that is determined to be appropriate and listed on the health care volunteer registry under IC 25-22.5-15.
(3) Notifies, before providing the health care service:
(A) the individual receiving the health care service; or
(B) the person who is legally responsible for the care of the individual receiving the health care service;
that the person providing the health care service is immune from civil liability in relation to the provision of the health care service.
(4) Obtains the signature of:
(A) the individual receiving the health care service; or
(B) the person who is legally responsible for the care of the individual receiving the health care service;
on a waiver that states the person providing the health care service is immune from civil liability in relation to the provision of the health care service.
(5) Is listed on the health care volunteer registry under IC 25-22.5-15.
(b) The immunity provided under this chapter applies to:
(1) dental services provided in a dental office; and
(2) health care services that are provided in a setting other than:
(A) a physician's office;
(B) an entity licensed or certified by the state department of health;
(C) a health care facility, including a facility that receives federal funding; or
(D) any other permanent facility in which the primary purpose is to provide health care services.
(c) A sponsoring organization, owner, operator, lessor, or lessee:
(1) of a location described in subsection (a)(2)(E); and
(2) that:
(A) permits a person described in subsection (a) to provide a health care service at the location as described in this section; and
(B) receives no compensation for permitting the provision of the health care service as described in clause (A);
is immune from civil liability resulting from an act or omission related to the provision of the health care service.
(d) A person who provides a health care service as described in this section may recommend laboratory and imaging based screenings and tests, and provide written documentation of the recommendation, to:
(1) the individual receiving the health care service; or
(2) the person who is legally responsible for the care of the individual receiving the health care service.
As added by P.L.161-2015, SEC.3. Amended by P.L.129-2018, SEC.44.
