CHAPTER 6. IMMUNITY FROM LIABILITY
IC 16-31-6
Chapter 6. Immunity From Liability
IC 16-31-6-1
Emergency medical technician services
Sec. 1. (a) A certified emergency medical technician or a certified
emergency medical technician-basic advanced who provides
emergency medical services to an emergency patient is not liable for
an act or omission in providing those services unless the act or
omission constitutes negligence or willful misconduct. If the
emergency medical technician or emergency medical
technician-basic advanced is not liable for an act or omission, no
other person incurs liability by reason of an agency relationship with
the emergency medical technician or emergency medical
technician-basic advanced.
(b) This section does not affect the liability of a driver of an
ambulance for negligent operation of the ambulance.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.33.
IC 16-31-6-2
Use of defibrillators
Sec. 2. (a) Except for an act of negligence or willful misconduct,
a certified first responder who uses an automatic or semiautomatic
defibrillator on an emergency patient according to the training
procedures established by the commission under IC 16-31-2-9 is
immune from civil liability for acts or omissions when rendering
those services.
(b) If the first responder is immune from civil liability for the first
responder's act or omission, a person who has only an agency
relationship with the first responder is also immune from civil
liability for the act or omission.
As added by P.L.2-1993, SEC.14.
IC 16-31-6-3
Advanced life support
Sec. 3. An act or omission of a paramedic or an emergency
medical technician-intermediate done or omitted in good faith while
providing advanced life support to a patient or trauma victim does
not impose liability upon the paramedic or emergency medical
technician-intermediate, the authorizing physician, the hospital, or
the officers, members of the staff, nurses, or other employees of the
hospital or the local governmental unit if the advanced life support
is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful
misconduct.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.34.
IC 16-31-6-4
Life support provided in connection with disaster emergency
Sec. 4. (a) This section does not apply to an act or omission that
was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an emergency medical
technician-intermediate, an emergency medical technician-basic
advanced, an emergency medical technician, or a person with
equivalent certification from another state that is performed or made
while providing advanced life support or basic life support to a
patient or trauma victim does not impose liability upon the
paramedic, the emergency medical technician-intermediate, the
emergency medical technician-basic advanced, an emergency
medical technician, the person with equivalent certification from
another state, a hospital, a provider organization, a governmental
entity, or an employee or other staff of a hospital, provider
organization, or governmental entity if the advanced life support or
basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the
governor under IC 10-14-3-12 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
As added by P.L.156-2001, SEC.3. Amended by P.L.2-2003, SEC.53;
P.L.205-2003, SEC.35; P.L.97-2004, SEC.64.