147A.10 - EXEMPTIONS FROM LIABILITY IN CERTAIN CIRCUMSTANCES.
147A.10 EXEMPTIONS FROM LIABILITY IN CERTAIN
CIRCUMSTANCES.
1. A physician, physician's designee, advanced registered nurse
practitioner, or physician assistant who gives orders, either
directly or via communications equipment from some other point, or
via standing protocols to an appropriately certified emergency
medical care provider, registered nurse, or licensed practical nurse
at the scene of an emergency, and an appropriately certified
emergency medical care provider, registered nurse, or licensed
practical nurse following the orders, are not subject to criminal
liability by reason of having issued or executed the orders, and are
not liable for civil damages for acts or omissions relating to the
issuance or execution of the orders unless the acts or omissions
constitute recklessness.
2. A physician, physician's designee, advanced registered nurse
practitioner, physician assistant, registered nurse, licensed
practical nurse, or emergency medical care provider shall not be
subject to civil liability solely by reason of failure to obtain
consent before rendering emergency medical, surgical, hospital or
health services to any individual, regardless of age, when the
patient is unable to give consent for any reason and there is no
other person reasonably available who is legally authorized to
consent to the providing of such care.
3. An act of commission or omission of any appropriately
certified emergency medical care provider, registered nurse, licensed
practical nurse, or physician assistant, while rendering emergency
medical care under the responsible supervision and control of a
physician to a person who is deemed by them to be in immediate danger
of serious injury or loss of life, shall not impose any liability
upon the certified emergency medical care provider, registered nurse,
licensed practical nurse, or physician assistant, the supervising
physician, physician designee, advanced registered nurse
practitioner, or any hospital, or upon the state, or any county, city
or other political subdivision, or the employees of any of these
entities; provided that this section shall not relieve any person of
liability for civil damages for any act of commission or omission
which constitutes recklessness. Section History: Early Form
[C79, 81, § 147A.10] Section History: Recent Form
84 Acts, ch 1287, § 10; 89 Acts, ch 89, § 13; 93 Acts, ch 107, §
3; 95 Acts, ch 41, §19
Referred to in § 147A.12