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Emergency Law Inventory | Full Law Text

Law Number

Burns Ind. Code Ann. 16-31-6-4

Summary Title

Liability: Out-of-State Licensed EMT or Paramedic

Summary

When an emergency declaration is in effect, an out-of-state licensed EMT or paramedic, who provides life support to a patient or trauma victim, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Out-of-state medical personnel immune from civil liability for acts or omissions

Full Text

(a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct. (b) An act or omission of a paramedic, an advanced emergency medical technician, an emergency medical technician, or a person with equivalent certification or licensure from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the advanced emergency medical technician, an emergency medical technician, the person with equivalent certification or licensure from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith: (1) in connection with a disaster emergency declared by the governor under IC 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-31.5-2-329); and (2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

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