IC 34-30-12.5
Chapter 12.5. Health Care: Immunity of Hospitals and Certain
Persons Providing Smallpox Immunizations
IC 34-30-12.5-1 Application of chapter
Sec. 1. This chapter applies if the federal government authorizes
the state department of health to implement a program providing for
the administration of inoculations or other medical countermeasures
against an actual or a potential bioterrorist incident or another actual
or 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 the
following:
(1) An individual, a partnership, a professional corporation, a
facility, or an institution licensed or legally authorized by the
state to provide health care or professional services as any of
the 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 in
subdivision (1).
(3) A member of the medical staff of an individual or entity
described in subdivision (1).
(4) An individual who has been authorized by the governing
board of an individual or entity described in subdivision (1) to
provide health care services on the individual's or entity's
premises or on the individual's or entity's behalf.
(5) An individual who, under contract with an individual or
entity described in subdivision (1), administers an inoculation
or another medical countermeasure against an actual or a
potential bioterrorist incident or another actual or potential
public health emergency under the circumstances described in
section 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 potential
bioterrorist incident or another actual or potential public health
emergency after January 23, 2003, under the circumstances described
in section 1 of this chapter is immune from civil liability for any
injury or damage that results from the administration of the
inoculation or other countermeasure, except for an act or omission
that 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 entitled
under:
(A) the worker's compensation law (IC 22-3-2 through
IC 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.
IC 34-30-12.5
Chapter 12.5. Health Care: Immunity of Hospitals and Certain
Persons Providing Smallpox Immunizations
IC 34-30-12.5-1 Application of chapter
Sec. 1. This chapter applies if the federal government authorizes
the state department of health to implement a program providing for
the administration of inoculations or other medical countermeasures
against an actual or a potential bioterrorist incident or another actual
or 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 the
following:
(1) An individual, a partnership, a professional corporation, a
facility, or an institution licensed or legally authorized by the
state to provide health care or professional services as any of
the 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 in
subdivision (1).
(3) A member of the medical staff of an individual or entity
described in subdivision (1).
(4) An individual who has been authorized by the governing
board of an individual or entity described in subdivision (1) to
provide health care services on the individual's or entity's
premises or on the individual's or entity's behalf.
(5) An individual who, under contract with an individual or
entity described in subdivision (1), administers an inoculation
or another medical countermeasure against an actual or a
potential bioterrorist incident or another actual or potential
public health emergency under the circumstances described in
section 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 potential
bioterrorist incident or another actual or potential public health
emergency after January 23, 2003, under the circumstances described
in section 1 of this chapter is immune from civil liability for any
injury or damage that results from the administration of the
inoculation or other countermeasure, except for an act or omission
that 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 entitled
under:
(A) the worker's compensation law (IC 22-3-2 through
IC 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.
IC 34-30-12.5
Chapter 12.5. Health Care: Immunity of Hospitals and Certain
Persons Providing Smallpox Immunizations
IC 34-30-12.5-1 Application of chapter
Sec. 1. This chapter applies if the federal government authorizes
the state department of health to implement a program providing for
the administration of inoculations or other medical countermeasures
against an actual or a potential bioterrorist incident or another actual
or 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 the
following:
(1) An individual, a partnership, a professional corporation, a
facility, or an institution licensed or legally authorized by the
state to provide health care or professional services as any of
the 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 in
subdivision (1).
(3) A member of the medical staff of an individual or entity
described in subdivision (1).
(4) An individual who has been authorized by the governing
board of an individual or entity described in subdivision (1) to
provide health care services on the individual's or entity's
premises or on the individual's or entity's behalf.
(5) An individual who, under contract with an individual or
entity described in subdivision (1), administers an inoculation
or another medical countermeasure against an actual or a
potential bioterrorist incident or another actual or potential
public health emergency under the circumstances described in
section 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 potential
bioterrorist incident or another actual or potential public health
emergency after January 23, 2003, under the circumstances described
in section 1 of this chapter is immune from civil liability for any
injury or damage that results from the administration of the
inoculation or other countermeasure, except for an act or omission
that 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 entitled
under:
(A) the worker's compensation law (IC 22-3-2 through
IC 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.
