CHAPTER 13.5. HEALTH CARE: IMMUNITY FOR PERSONS PROVIDING SERVICES IN A DISASTER
IC 34-30-13.5
Chapter 13.5. Health Care: Immunity for Persons ProvidingServices in a Disaster
IC 34-30-13.5-1
Immunity
Sec. 1. Except as provided in section 2 of this chapter, a personwho meets the following criteria may not be held civilly liable for anact or omission relating to the provision of health care services inresponse to an event that is declared a disaster emergency underIC 10-14-3-12, regardless of whether the provision of health careservices occurred before or after the declaration of a disasteremergency:
(1) Has a license to provide health care services under Indianalaw or the law of another state.
(2) Provides a health care service:
(A) within the scope of the person's license to anotherperson; and
(B) at a location where health care services are providedduring an event that is declared as a disaster.
As added by P.L.138-2006, SEC.13.
IC 34-30-13.5-2
Liability for gross negligence or willful misconduct
Sec. 2. A person described in this chapter is not immune fromcivil liability if the damages resulting from the act or omissionrelating to the provision of the health care services resulted from theperson's gross negligence or willful misconduct.
As added by P.L.138-2006, SEC.13.
IC 34-30-13.5-3
Immunity of facility
Sec. 3. A facility or other location that is providing health careservices in response to an event that is declared as a disasteremergency may not be held civilly liable for an act or omissionrelating to the provision of health care services in response to thatevent by a health professional licensed to provide the health careservice under Indiana law or the law of another state if the person isacting during an event that is declared as a disaster emergency,regardless of whether the provision of health care services occurredbefore or after the declaration of a disaster emergency.
As added by P.L.138-2006, SEC.13.