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Emergency Law Inventory | Full Law Text

Law Number

50-6-317, MCA

Summary Title

Liability: Medical Direction to Emergency Medical Services Provider

Summary

A physician, physician assistant, or registered nurse, who provides online medical direction to a member of an emergency medical service but whose professional practice is not primarily in the emergency or trauma room, will not be held legally responsible for damages resulting from instructions. They can be held legally responsible if acting with extreme carelessness. The physician, physician assistant, or registered nurse must act consistent with protocols approved by the department in licensing the emergency medical services providers and the level of licensure of the emergency medical services being instructed.

Full Title

Liability protection

Full Text

(1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $ 5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician, physician assistant, or nurse, if the instructions given by the physician, physician assistant, or nurse are: (a) consistent with the protocols and the offline medical direction plan approved by the department in licensing the emergency medical service; and (b) consistent with the level of licensure of the emergency medical services personnel instructed by the physician, physician assistant, or nurse. (2) An individual who volunteers or who is reimbursed $ 5,000 or less in any 12-month period for providing offline medical direction is not liable for civil damages for an injury resulting from the performance of the individual’s offline medical direction duties, except damages for an injury resulting from the gross negligence of the individual.

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