CHAPTER 12. HEALTH CARE: IMMUNITY OF PERSONS RENDERING EMERGENCY FIRST AID
IC 34-30-12
Chapter 12. Health Care: Immunity of Persons Rendering
Emergency First Aid
IC 34-30-12-1
Gratuitously rendered emergency care; immunity
Sec. 1. (a) This section does not apply to services rendered by a
health care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14
before its repeal) to a patient in a health care facility (as defined in
IC 27-8-10-1).
(b) Except as provided in subsection (c), a person who comes
upon the scene of an emergency or accident, complies with
IC 9-26-1-1.5, or is summoned to the scene of an emergency or
accident and, in good faith, gratuitously renders emergency care at
the scene of the emergency or accident is immune from civil liability
for any personal injury that results from:
(1) any act or omission by the person in rendering the
emergency care; or
(2) any act or failure to act to provide or arrange for further
medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful
or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5
applies. A person who gratuitously renders emergency care involving
the use of an automatic external defibrillator is immune from liability
for any act or omission not amounting to gross negligence or willful
or wanton misconduct if the person fulfills the requirements set forth
in IC 16-31-6.5.
(d) This subsection applies to an individual, business, or
organization to which IC 16-31-6.5 applies. An individual, business,
or organization that allows a person who is an expected user to use
an automatic external defibrillator of the individual, business, or
organization to in good faith gratuitously render emergency care is
immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct by the user or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the
emergency care if the individual, business, or organization and the
user fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use of
a defibrillator or a national or state approved defibrillator instructor
of a person who gratuitously renders emergency care involving the
use of an automatic external defibrillator is immune from civil
liability for any act or omission of the licensed physician or
instructor if the act or omission of the licensed physician or
instructor:
(1) involves the training for or use of an automatic external
defibrillator; and
(2) does not amount to gross negligence or willful or wanton
misconduct.
As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999, SEC.73;
P.L.84-2003, SEC.1 and P.L.91-2003, SEC.1; P.L.74-2006, SEC.5;
P.L.126-2008, SEC.11.
IC 34-30-12-2
Gratuitously rendered cardiopulmonary resuscitation; immunity
Sec. 2. (a) This section applies to a person who has successfully
completed a course of training in cardiopulmonary resuscitation
according to the standards recommended by the Division of Medical
Sciences, National Academy of Sciences - National Research
Council.
(b) This section does not apply to acts or omissions amounting to
gross negligence or willful or wanton misconduct.
(c) An act or omission of the person while attempting to
administer cardiopulmonary resuscitation, without pecuniary charge,
to any person who is an apparent victim of acute cardiopulmonary
insufficiency shall not impose any liability upon the person
attempting the resuscitation.
As added by P.L.1-1998, SEC.26.