CHAPTER 12. HEALTH CARE: IMMUNITY OF PERSONS RENDERING EMERGENCY FIRST AID
IC 34-30-12
Chapter 12. Health Care: Immunity of Persons RenderingEmergency First Aid
IC 34-30-12-1
Gratuitously rendered emergency care; immunity
Sec. 1. (a) This section does not apply to services rendered by ahealth care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14before its repeal) to a patient in a health care facility (as defined inIC 27-8-10-1).
(b) Except as provided in subsection (c), a person who comesupon the scene of an emergency or accident, complies withIC 9-26-1-1.5, or is summoned to the scene of an emergency oraccident and, in good faith, gratuitously renders emergency care atthe scene of the emergency or accident is immune from civil liabilityfor any personal injury that results from:
(1) any act or omission by the person in rendering theemergency care; or
(2) any act or failure to act to provide or arrange for furthermedical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willfulor wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5applies. A person who gratuitously renders emergency care involvingthe use of an automatic external defibrillator is immune from liabilityfor any act or omission not amounting to gross negligence or willfulor wanton misconduct if the person fulfills the requirements set forthin IC 16-31-6.5.
(d) This subsection applies to an individual, business, ororganization to which IC 16-31-6.5 applies. An individual, business,or organization that allows a person who is an expected user to usean automatic external defibrillator of the individual, business, ororganization to in good faith gratuitously render emergency care isimmune from civil liability for any damages resulting from an act oromission not amounting to gross negligence or willful or wantonmisconduct by the user or for acquiring or providing the automaticexternal defibrillator to the user for the purpose of rendering theemergency care if the individual, business, or organization and theuser fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use ofa defibrillator or a national or state approved defibrillator instructorof a person who gratuitously renders emergency care involving theuse of an automatic external defibrillator is immune from civilliability for any act or omission of the licensed physician orinstructor if the act or omission of the licensed physician orinstructor:
(1) involves the training for or use of an automatic externaldefibrillator; and
(2) does not amount to gross negligence or willful or wantonmisconduct.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 successfullycompleted a course of training in cardiopulmonary resuscitationaccording to the standards recommended by the Division of MedicalSciences, National Academy of Sciences - National ResearchCouncil.
(b) This section does not apply to acts or omissions amounting togross negligence or willful or wanton misconduct.
(c) An act or omission of the person while attempting toadminister cardiopulmonary resuscitation, without pecuniary charge,to any person who is an apparent victim of acute cardiopulmonaryinsufficiency shall not impose any liability upon the personattempting the resuscitation.
As added by P.L.1-1998, SEC.26.