§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.
(1) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or servant thereof, against loss from the liability imposed by law for damages arising from any error or omission in the provision of emergency medical services as enumerated by this article, in an amount no less than one million dollars per incident: Provided, Thateach emergency medical services agency having less than this amount on the first day of January, one thousand nine hundred ninety-six, shall obtain the policy of insurance required in this section in the amount of one million dollars on or before the first day of March, one thousand nine hundred ninety-seven. New applicants shall obtain the insurance required in this section in the amount of one million dollars.
(2) No emergency medical service personnel or emergency medical service provider may be liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured, unless the damages or injuries are intentionallyor maliciously inflicted.
(3) Every person or entity required to obtain a policy of insurance as contemplated by this section, shall furnish to the commissioner on or before the first day of January of each calendar year proof of the existence of the policy of insurance required by this section.
(4) In the event that any person or entity fails to secure a policy of insurance before the person or entity undertakes the provision of emergency medical services or emergency medical service agency, whichever occurs last, and keeps the policy of insurance in force thereafter, that person or entity is not entitled to the limited immunity created by subsection (2) of this section: Provided, That any physician, who gives instructions to emergency medical service personnel without being compensated therefor, or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated therefor, is entitled to the limited immunity provided in subsection (2) of this section.
§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.
(1) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or servant thereof, against loss from the liability imposed by law for damages arising from any error or omission in the provision of emergency medical services as enumerated by this article, in an amount no less than one million dollars per incident: Provided, Thateach emergency medical services agency having less than this amount on the first day of January, one thousand nine hundred ninety-six, shall obtain the policy of insurance required in this section in the amount of one million dollars on or before the first day of March, one thousand nine hundred ninety-seven. New applicants shall obtain the insurance required in this section in the amount of one million dollars.
(2) No emergency medical service personnel or emergency medical service provider may be liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured, unless the damages or injuries are intentionallyor maliciously inflicted.
(3) Every person or entity required to obtain a policy of insurance as contemplated by this section, shall furnish to the commissioner on or before the first day of January of each calendar year proof of the existence of the policy of insurance required by this section.
(4) In the event that any person or entity fails to secure a policy of insurance before the person or entity undertakes the provision of emergency medical services or emergency medical service agency, whichever occurs last, and keeps the policy of insurance in force thereafter, that person or entity is not entitled to the limited immunity created by subsection (2) of this section: Provided, That any physician, who gives instructions to emergency medical service personnel without being compensated therefor, or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated therefor, is entitled to the limited immunity provided in subsection (2) of this section.
§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.
(1) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or servant thereof, against loss from the liability imposed by law for damages arising from any error or omission in the provision of emergency medical services as enumerated by this article, in an amount no less than one million dollars per incident: Provided, Thateach emergency medical services agency having less than this amount on the first day of January, one thousand nine hundred ninety-six, shall obtain the policy of insurance required in this section in the amount of one million dollars on or before the first day of March, one thousand nine hundred ninety-seven. New applicants shall obtain the insurance required in this section in the amount of one million dollars.
(2) No emergency medical service personnel or emergency medical service provider may be liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured, unless the damages or injuries are intentionallyor maliciously inflicted.
(3) Every person or entity required to obtain a policy of insurance as contemplated by this section, shall furnish to the commissioner on or before the first day of January of each calendar year proof of the existence of the policy of insurance required by this section.
(4) In the event that any person or entity fails to secure a policy of insurance before the person or entity undertakes the provision of emergency medical services or emergency medical service agency, whichever occurs last, and keeps the policy of insurance in force thereafter, that person or entity is not entitled to the limited immunity created by subsection (2) of this section: Provided, That any physician, who gives instructions to emergency medical service personnel without being compensated therefor, or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated therefor, is entitled to the limited immunity provided in subsection (2) of this section.
