26-8a-601 - Persons and activities exempt from civil liability.
26-8a-601. Persons and activities exempt from civil liability.
(1) (a) Except as provided in Subsection (1)(b), a licensed physician, physician'sassistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or writteninstructions to any of the following is not liable for any civil damages as a result of issuing theinstructions:
(i) an individual certified under Section 26-8a-302;
(ii) a person who uses a fully automated external defibrillator, as defined in Section26-8b-102; or
(iii) a person who administers CPR, as defined in Section 26-8b-102.
(b) The liability protection described in Subsection (1)(a) does not apply if theinstructions given were the result of gross negligence or willful misconduct.
(2) An individual certified under Section 26-8a-302, during either training or aftercertification, a licensed physician, physician's assistant, or a registered nurse who, gratuitouslyand in good faith, provides emergency medical instructions or renders emergency medical careauthorized by this chapter is not liable for any civil damages as a result of any act or omission inproviding the emergency medical instructions or medical care, unless the act or omission is theresult of gross negligence or willful misconduct.
(3) An individual certified under Section 26-8a-302 is not subject to civil liability forfailure to obtain consent in rendering emergency medical services authorized by this chapter toany individual who is unable to give his consent, regardless of the individual's age, where there isno other person present legally authorized to consent to emergency medical care, provided thatthe certified individual acted in good faith.
(4) A principal, agent, contractor, employee, or representative of an agency, organization,institution, corporation, or entity of state or local government that sponsors, authorizes, supports,finances, or supervises any functions of an individual certified under Section 26-8a-302 is notliable for any civil damages for any act or omission in connection with such sponsorship,authorization, support, finance, or supervision of the certified individual where the act oromission occurs in connection with the certified individual's training or occurs outside a hospitalwhere the life of a patient is in immediate danger, unless the act or omission is inconsistent withthe training of the certified individual, and unless the act or omission is the result of grossnegligence or willful misconduct.
(5) A physician who gratuitously and in good faith arranges for, requests, recommends,or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is notliable for any civil damages as a result of such transfer where:
(a) sound medical judgment indicates that the patient's medical condition is beyond thecare capability of the transferring hospital or the medical community in which that hospital islocated; and
(b) the physician has secured an agreement from the receiving facility to accept andrender necessary treatment to the patient.
(6) A person who is a registered member of the National Ski Patrol System (NSPS) or amember of a ski patrol who has completed a course in winter emergency care offered by theNSPS combined with CPR for medical technicians offered by the American Red Cross orAmerican Heart Association, or an equivalent course of instruction, and who in good faithrenders emergency care in the course of ski patrol duties is not liable for civil damages as a resultof any act or omission in rendering the emergency care, unless the act or omission is the result of
gross negligence or willful misconduct.
(7) An emergency medical service provider who, in good faith, transports an individualagainst his will but at the direction of a law enforcement officer pursuant to Section 62A-15-629is not liable for civil damages for transporting the individual.
Amended by Chapter 22, 2009 General Session