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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 36-4A-26.3

Summary Title

Good Samaritan Law: Physician Assistant

Summary

A physician assistant licensed in any state and who, voluntarily, without compensation, and outside their normal course of employment, provides emergency medical assistance will not be held legally responsible for acting or for failing to act. They can be held legally responsible if providing care at a hospital, physician’s office, or other health care facility or if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Liability and immunity

Full Text

No physician assistant licensed in this state or licensed or authorized to practice in other states of the United States who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance is liable for civil damages for any personal injuries which result from acts or omissions by those persons in rendering emergency care which constitute ordinary negligence. The immunity granted by this section does not apply to acts or omissions constituting willful, or wanton negligence or if the medical assistance is rendered at any hospital, physician’s office, or other health care delivery entity where those services are normally rendered. No physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described in this section is liable for civil damages for any personal injuries which result from acts or omissions by the physician assistant rendering emergency care.

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