IC 34-30-12.5
    Chapter 12.5. Health Care: Immunity of Hospitals and CertainPersons Providing Smallpox Immunizations

IC 34-30-12.5-1
Application of chapter
    Sec. 1. This chapter applies if the federal government authorizesthe state department of health to implement a program providing forthe administration of inoculations or other medical countermeasuresagainst an actual or a potential bioterrorist incident or another actualor potential public health emergency under:
        (1) 42 U.S.C. 233(p)(2)(A); or
        (2) any other federal authority.
As added by P.L.136-2003, SEC.2.

IC 34-30-12.5-2
"Health care provider"
    Sec. 2. As used in this chapter, "health care provider" means thefollowing:
        (1) An individual, a partnership, a professional corporation, afacility, or an institution licensed or legally authorized by thestate to provide health care or professional services as any ofthe following:
            (A) A licensed physician.
            (B) A psychiatric hospital.
            (C) A hospital.
            (D) A health facility.
            (E) A nurse licensed under IC 25-23.
            (F) A paramedic.
            (G) An emergency technician.
            (H) An advanced emergency technician.
        (2) An employee of an individual or entity described insubdivision (1).
        (3) A member of the medical staff of an individual or entitydescribed in subdivision (1).
        (4) An individual who has been authorized by the governingboard of an individual or entity described in subdivision (1) toprovide health care services on the individual's or entity'spremises or on the individual's or entity's behalf.
        (5) An individual who, under contract with an individual orentity described in subdivision (1), administers an inoculationor another medical countermeasure against an actual or apotential bioterrorist incident or another actual or potentialpublic health emergency under the circumstances described insection 1 of this chapter.
As added by P.L.136-2003, SEC.2.

IC 34-30-12.5-3
Immunity
    Sec. 3. A health care provider who administers an inoculation or

another medical countermeasure against an actual or a potentialbioterrorist incident or another actual or potential public healthemergency after January 23, 2003, under the circumstances describedin section 1 of this chapter is immune from civil liability for anyinjury or damage that results from the administration of theinoculation or other countermeasure, except for an act or omissionthat amounts to gross negligence or willful or wanton misconduct.This section shall not affect the right of any individual to receive:
        (1) benefits to which the individual would otherwise be entitledunder:
            (A) the worker's compensation law (IC 22-3-2 throughIC 22-3-6); or
            (B) any pension law; or
        (2) any benefits or compensation under any federal law.
As added by P.L.136-2003, SEC.2.