Indiana Good Samaritan Laws

Indiana Good Samaritan Laws

Contents

§ 9-26-1-1.5. Duties of passenger of vehicle involved in accident resulting in injury or entrapment; violation    2

§ 16-31-6-1. Emergency medical technician services    3

§ 16-31-6-1. Emergency medical technician services    4

§ 16-31-6-2. Use of defibrillators    4

§ 16-31-6-2.5. Use of overdose intervention drugs; civil immunity    4

§ 16-31-6-3. Advanced life support; liability    5

§ 16-31-6-4. Life support provided in connection with disaster emergency    6

§ 16-31-6.5-2. Exemptions This chapter does not apply to the following:    6

§ 16-31-6.5-3. “Defibrillator” defined    6

§ 16-31-6.5-4. Duties of person or entity acquiring defibrillator    7

§ 16-31-6.5-5. Notice of acquisition and location of defibrillator    7

§ 16-31-6.5-6. Contact with ambulance service provider following use of defibrillator    7

§ 16-31-9-4. Civil UabiUty    7

§ 34-30-4-2. Volunteer or volunteer director; immunity    8

§ 34-30-4-3. Liability of organizations or entity    8

§ 34-30-12-1. Gratuitously rendered emergency care; immunity    8

§ 34-30-12-2. Gratuitously rendered cardiopulmonary resuscitation; immunity    9

§ 34-30-13-1. Voluntary health care; immunity for providing    10

§ 34-30-13-1.5. Immunity for providing medical direction concerning emergency medical services    10

§ 34-30-13-2. Liability for gross negligence or willful misconduct    10

§ 34-30-13.5-1. Immunity    11

§ 34-30-13.5-2. Liability for gross negligence or willful misconduct    12

§ 34-30-13.5-3. Immunity of facility    12

§ 34-30-13.5-4.    13

§ 34-30-18-1. Negligent operation of motor vehicle; vicarious civil liability    13

§ 34-30-18-2. Liability of volunteers    14

§ 34-30-18-3. Liability of contributors    14

§ 34-30-19-1. Intentional, wanton, or reckless behavior    14

§ 34-30-19-2. Negligent operation of motor vehicle; licensed individuals; vicarious civil liability    14

§ 34-30-19-3. Liability of volunteers    14

§ 34-30-19-4. Liability of governmental entities, employees, and agents    15

§ 34-30-29-1. Immunity from civil liability; forcible entry of a motor vehicle    15

§ 34-30-29-2. Conditions necessary for immunity from civil liability; forcible entry of a motor vehicle    15

§ 36-8-23-3. Good Samaritan statute applies to fast responders    16

Title 9. MOTOR VEHICLES Article 26. ACCIDENTS AND ACCIDENT REPORTS Chapter 1. DUTIES OF DRIVERS, OWNERS, AND PASSENGERS AND ACCIDENT REPORTS

§ 9-26-1-1.5. Duties of passenger of vehicle involved in accident resulting in injury or entrapment; violation

(a) If:

(1) the operator of a motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1.1(a)(3) of this chapter;

(2) there is another occupant in the motor vehicle at the time of the accident who is:

(A) at least:

(I) fifteen (15) years of age and holds a learner’s permit issued under IC 9-24-7-1 or a driver’s license issued under IC 9-24-11; or

(ii) eighteen (18) years of age; and

(B) capable of determining the need for and rendering reasonable assistance to injured or entrapped persons as provided in section 1.1(a)(3) of this chapter; and

(3) the other occupant in the motor vehicle knows that the operator of the motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person; the motor vehicle occupant referred to in subdivisions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1.1(a)(3) of this chapter.

(b) If there is more than one (1) motor vehicle occupant to whom subsection (a) applies, it is a defense to a prosecution of one

(1) motor vehicle occupant under subsection

(a) that the defendant reasonably believed that another occupant of the motor vehicle determined the need for and rendered reasonable assistance as required under subsection (a).

(c) A person who knowingly or intentionally violates this section commits a Class C misdemeanor.

Cite as (Casemaker) IC 9-26-1-1.5 History.

Amended by P.L. 188-2015, SEC. 100, eff. 7/1/2015.

Amended by P.L. 217-2014, SEC. 105, eff. 1/1/2015.

Amended by P.L. 125-2012, SEC. 293, eff. 7/1/2012.

As added by P.L. 126-2008, SEC.4.

Chapter 6. Immunity From Liability

Article 31. Emergency Medical Services

§ 16-31-6-1. Emergency medical technician services

(a)    A certified emergency medical responder, a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes gross negligence or willful misconduct. If the certified emergency medical services provider is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the certified emergency medical services provider.

(b)    This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.

(c)    Except as provided in subsections (a) and (b), a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic who provides emergency medical services is not liable for transporting any person to an appropriate health care facility when the certified emergency medical technician, the certified advanced emergency medical technician, or the licensed paramedic makes a good faith judgment that the emergency patient or the emergency patient’s primary caregiver lacks the capacity to make an informed decision about the patient’s:

(1)    safety; or

(2)    need for medical attention; and the emergency patient is reasonably likely to suffer disability or death without the medical intervention available at the facility.

Cite as (Casemaker) IC 16-31-6-1

History. Amended by P.L. 166-2021, SEC. 2, eff. 7/1/2021.

Amended by P.L. 113-2020, SEC. 2, eff. 7/1/2020.

Amended by P.L. 77-2012, SEC. 46, eff. 7/1/2012.

As added by P.L. 2-1993, SEC.14. Amended by P.L. 205-2003, SEC.33.

Note: This section is set out more than once. See also IC 16-31-6-1, effective until 7/1/2021.

§ 16-31-6-1. Emergency medical technician services

(a) A certified emergency medical responder, a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes gross negligence or willful misconduct. If the certified emergency medical services provider is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the certified emergency medical services provider.

(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.

(c) Except as provided in subsections (a) and (b), a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic who provides emergency medical services is not liable for transporting any person to an appropriate health care facility when the certified emergency medical technician, the certified advanced emergency medical technician, or the licensed paramedic makes a good faith judgment that the emergency patient or the emergency patient’s primary caregiver lacks the capacity to make an informed decision about the patient’s:

(1) safety; or

(2) need for medical attention; and the emergency patient is reasonably likely to suffer disability or death without the medical intervention available at the facility.

§ 16-31-6-2. Use of defibrillators

(a)    Except for an act of gross negligence or willful misconduct, a certified emergency medical responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.

(b)    If the emergency medical responder is immune from civil liability for the emergency medical responder’s act or omission, a person who has only an agency relationship with the emergency medical responder is also immune from civil liability for the act or omission.

Cite as (Casemaker) IC 16-31-6-2

History. Amended by P.L. 166-2021, SEC. 3, eff. 7/1/2021.

Amended by P.L. 77-2012, SEC. 47, eff. 7/1/2012.

As added by P.L. 2-1993, SEC.14.

Note: This section is set out more than once. See also IC 16-31-6-2, effective until 7/1/2021.

§ 16-31-6-2.5. Use of overdose intervention drugs; civil immunity

(a)    Except for an act of gross negligence or willful misconduct, an advanced emergency medical technician, a community corrections officer, an emergency medical responder, an emergency medical technician, a firefighter or volunteer firefighter, a law enforcement officer, a paramedic, or a probation officer who administers an overdose intervention drug according to standards established by:

(1)    the department or agency that oversees the individual’s employment in providing emergency medical services; or

(2)    the commission under IC 16-31-2-9 ;

to an individual suffering from an overdose is immune from civil liability for acts or omissions when administering the drug.

(b)    If:

(1)    an advanced emergency medical technician;

(2)    a community corrections officer;

(3)    an emergency medical responder;

(4)    an emergency medical technician;

(5)    a firefighter or volunteer firefighter;

(6)    a law enforcement officer;

(7)    a paramedic; or

(8)    a probation officer;

is immune from civil liability for the individual’s act or omission when administering an overdose intervention drug, a person who has only an agency relationship with the advanced emergency medical technician, community corrections officer, emergency medical responder, emergency medical technician, firefighter or volunteer firefighter, law enforcement officer, paramedic, or probation officer is also immune from civil liability for the act or omission.

Cite as (Casemaker) IC 16-31-6-2.5

History. Amended by P.L. 4-2018, SEC. 3, eff. 7/1/2018.

Amended by P.L. 32-2015, SEC. 6, eff. 4/17/2015.

Added by P.L. 156-2014, SEC. 9, eff. 3/26/2014.

§ 16-31-6-3. Advanced life support; liability

An act or omission of a paramedic or an advanced emergency medical technician done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or advanced emergency medical technician, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:

(1)    in connection with an emergency;

(2)    in good faith; and

(3)    under the written or oral direction of a licensed physician; unless the act or omission was a result of gross negligence or willful misconduct.

Cite as (Casemaker) IC 16-31-6-3

History. Amended by P.L. 166-2021, SEC. 4, eff. 7/1/2021.

Amended by P.L. 77-2012, SEC. 48, eff. 7/1/2012.

As added by P.L. 2-1993, SEC.14. Amended by P.L. 205-2003, SEC.34.

Note: This section is set out more than once. See also IC 16-31-6-3, effective until 7/1/2021.

§ 16-31-6-4. Life support provided in connection with disaster emergency

(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.

Cite as (Casemaker) IC 16-31-6-4 History. Amended by P.L. 114-2012, SEC. 40, eff. 7/1/2012.

Amended by P.L. 77-2012, SEC. 49, eff. 7/1/2012. As added by P.L. 156-2001, SEC.3.

Amended by P.L. 2-2003, SEC.53; P.L. 205-2003, SEC.35; P.L. 97-2004, SEC.64.

§ 16-31-6.5-2. Exemptions This chapter does not apply to the following:

(1) A licensed physician.

(2) A hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center.

(3) A person providing health care in a hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center licensed under IC 16-21.

(4) A person or entity certified under IC 16-31-3.

Cite as (Casemaker) IC 16-31-6.5-2

History. As added by P.L. 24-1998, SEC.1.

Amended by P.L. 96-2005, SEC.12.

§ 16-31-6.5-3. “Defibrillator” defined

As used in this chapter, “defibrillator” means an automatic external defibrillator.

Cite as (Casemaker) IC 16-31-6.5-3

History. As added by P.L. 24-1998, SEC.1.

§ 16-31-6.5-4. Duties of person or entity acquiring defibrillator

A person or entity acquiring a defibrillator shall ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines.

Cite as (Casemaker) IC 16-31-6.5-4

History. As added by P.L. 24-1998, SEC.1. Amended by P.L. 74-2006, SEC.4.

§ 16-31-6.5-5. Notice of acquisition and location of defibrillator

A person or entity in possession of a defibrillator shall notify the:

(1)    ambulance service provider that serves the area where the person or entity is located; or

(2)    emergency medical services commission;

of the acquisition and location of the defibrillator.

Cite as (Casemaker) IC 16-31-6.5-5

History. As added by P.L. 24-1998, SEC.1.

§ 16-31-6.5-6. Contact with ambulance service provider following use of defibrillator

A person who uses a defibrillator is required to contact:

(1)    the ambulance service provider; or

(2)    a fire department that provides ambulance service;

for the area as soon as practicable following the use of the defibrillator.

Cite as (Casemaker) IC 16-31-6.5-6

History. As added by P.L. 24-1998, SEC.1.

Article 31. EMERGENCY MEDICAL SERVICES

Chapter 9. EMERGENCY CHOKE SAVING METHODS

§ 16-31-9-4. Civil UabiUty

(a)    A person is not obligated to remove, assist in removing, or attempt to remove food from another person’s throat. A person who in good faith gratuitously removes, assists in removing, or attempts to remove food from another person’s throat in an emergency occurring at a food service establishment is not liable for any civil damages as a result of any act or omission by the person providing the emergency assistance unless the act or omission amounts to willful or wanton misconduct.

(b)    The owner or operator of a food service establishment is not liable for any civil damages that result from an act or omission by a person rendering or attempting the emergency assistance if there is an approved placard posted in the food service establishment.

Cite as (Casemaker) IC 16-31-9-4

History. As added by P.L. 2-1993, SEC.14.

Chapter 4. CHARITIES: IMMUNITY OF CERTAIN VOLUNTEER DIRECTORS

§ 34-30-4-2. Volunteer or volunteer director; immunity

(a)    This section does not apply to a health care provider (as defined in IC 34-18-2-14).

(b)    An individual who:

(1)    serves as a volunteer or volunteer director of:

(A)    a nonprofit corporation operating under IC 12-29-3-6;

(B)    an agency providing services under IC 12-12-3; or

(C)    a nonprofit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code; and

(2)    exercises reasonable care in the performance of the individual’s duties as a volunteer or a volunteer director of an entity described in subdivision (1);

is immune from civil liability arising out of the performance of those duties.

Cite as (Casemaker) IC 34-30-4-2

History. As added by P.L. 1-1998, SEC.26. Amended by P.L. 38-2005, SEC.1.

§ 34-30-4-3. Liability of organizations or entity

This chapter does not affect the civil liability of the entity a qualified director serves.

Cite as (Casemaker) IC 34-30-4-3

History. As added by P.L. 1-1998, SEC.26.

Chapter 12. HEALTH CARE: IMMUNITY OF PERSONS RENDERING EMERGENCY FIRST AID

§ 34-30-12-1. Gratuitously rendered emergency care; immunity

(a) This section does not apply to services rendered by a health care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14 before its repeal) to a patient in a health care facility (as defined in IC 27-8-10-1).

(b) Except as provided in subsection (c), a person who comes upon the scene of an emergency or accident, complies with IC 9-26-1-1.5, or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from:

(1) any act or omission by the person in rendering the emergency care; or

(2) any act or failure to act to provide or arrange for further medical treatment or care for the injured person;

except for acts or omissions amounting to gross negligence or willful or wanton misconduct.

(c) This subsection applies to a person to whom IC 16-31-6.5 applies. A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5.

(d) This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5.

(e) A licensed physician who gives medical direction in the use of a defibrillator or a national or state approved defibrillator instructor of a person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from civil liability for any act or omission of the licensed physician or instructor if the act or omission of the licensed physician or instructor:

(1) involves the training for or use of an automatic external defibrillator; and

(2) does not amount to gross negligence or willful or wanton misconduct.

Cite as (Casemaker) IC 34-30-12-1

History. As added by P.L. 1-1998, SEC.26. Amended by P.L. 1-1999, SEC.73; P.L. 84-2003, SEC.1 and P.L. 91-2003, SEC.1; P.L. 74-2006, SEC.5; P.L. 126-2008, SEC.11.

Chapter 12. HEALTH CARE: IMMUNITY OF PERSONS RENDERING EMERGENCY FIRST AID

§ 34-30-12-2. Gratuitously rendered cardiopulmonary resuscitation; immunity

(a)    This section applies to a person who has successfully completed a course of training in cardiopulmonary resuscitation according to the standards recommended by the Division of Medical Sciences, National Academy of Sciences – National Research Council.

(b)    This section does not apply to acts or omissions amounting to gross negligence or willful or wanton misconduct.

(c)    An act or omission of the person while attempting to administer cardiopulmonary resuscitation, without pecuniary charge, to any person who is an apparent victim of acute cardiopulmonary insufficiency shall not impose any liability upon the person attempting the resuscitation.

Cite as (Casemaker) IC 34-30-12-2

History. As added by P.L. 1-1998, SEC.26.

Chapter 13. HEALTH CARE: IMMUNITY OF PERSONS PROVIDING VOLUNTARY HEALTH CARE

§ 34-30-13-1. Voluntary health care; immunity for providing

Except as provided in section 2 of this chapter, a person who meets the following criteria is immune from civil liability resulting from any act or omission relating to the provision of health care services:

(1)    Has licensure to provide health care services under Indiana law.

(2)    Voluntarily provides without compensation health care services under IC 36-1-14.2 within the scope of the person’s license to another person.

(3)    Provides the health care services at any medical clinic or health care facility that provides health care services without charge and that:

(A)    purchases professional liability insurance under IC 36-1-14.2; or

(B)    is covered under 42 U.S.C. 233.

Cite as (Casemaker) IC 34-30-13-1

History. As added by P.L. 1-1998, SEC.26. Amended by P.L. 116-2005, SEC.3.

§ 34-30-13-1.5. Immunity for providing medical direction concerning emergency medical services

Except as provided in section 2 of this chapter, a physician licensed under IC 25-22.5 is immune from civil liability resulting from an act or omission related to the provision of medical direction concerning emergency medical services (as defined in IC 16-18-2-110) within the scope of the physician’s license, if the physician provides medical direction concerning emergency medical services:

(1)    to a person who is certified under IC 16-31 to provide the emergency medical services; and

(2)    without compensation.

Cite as (Casemaker) IC 34-30-13-1.5

History. As added by P.L. 101-2006, SEC.37.

§ 34-30-13-2. Liability for gross negligence or willful misconduct

A person who provides health care services as described in this chapter is not immune from civil liability if the damages resulting from the provision of the health care services resulted from the person’s gross negligence or willful misconduct.

Cite as (Casemaker) IC 34-30-13-2

History. Amended by P.L. 161-2015, SEC. 5, eff. 7/1/2015.

As added by P.L. 1-1998, SEC.26.

§ 34-30-13.5-1. Immunity

(a)    This subsection does not apply during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, a person who meets the following criteria may not be held civilly liable for an act or omission relating to the provision of health care services in response to an event that is declared a disaster emergency under IC 10-14-3-12, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency:

(1)    Has a license to provide health care services under Indiana law or the law of another state.

(2)    Provides a health care service:

(A)    within the scope of the person’s license to another person; and

(B)    at a location where health care services are provided during an event that is declared as a disaster.

(b)    This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, the following apply to the provision of health care services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1)    A person providing health care services or emergency medical services, whether in person or through telemedicine services permitted by IC 25-1-9.5, at a facility or other location where health care services or emergency medical services are provided may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2)    An employer, including an agency that provides or arranges health care services or emergency medical services, of a person described in subdivision (1) may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(c)    This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. The following do not constitute gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation under this chapter if arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1)    Providing services without required personal protective equipment caused by:

(A)    a shortage; or

(B)    an inability to timely acquire personal protective equipment;

in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2)    Providing services without access to adequate or reliable testing for COVID-19, even if the COVID-19 testing that was used received emergency use authorization from the federal Food and Drug Administration.

(3)    Using equipment, medicine, or supplies to treat or help prevent the transmission of COVID-19 in a manner that is not approved by the federal Food and Drug Administration.

(4)    Providing services that are outside of an individual’s expertise or specialty but within the individual’s scope of practice under IC 16 or IC 25.

Cite as (Casemaker) IC 34-30-13.5-1

History. Amended by P.L. 166-2021, SEC. 16, eff. 3/1/2020.

As added by P.L. 138-2006, SEC.13.

§ 34-30-13.5-2. Liability for gross negligence or willful misconduct

A person described in this chapter is not immune from civil liability if the damages resulting from the act or omission relating to the provision or delay of the health care services resulted from the person’s gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation.

Cite as (Casemaker) IC 34-30-13.5-2

History. Amended by P.L. 166-2021, SEC. 17, eff. 3/1/2020.

As added by P.L. 138-2006, SEC.13.

§ 34-30-13.5-3. Immunity of facility

(a)    This subsection does not apply during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. A facility or other location that is providing health care services in response to an event that is declared as a disaster emergency may not be held civilly liable for an act or omission relating to the provision of health care services in response to that event by a health professional licensed to provide the health care service under Indiana law or the law of another state if the person is acting during an event that is declared as a disaster emergency, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency.

(b)    This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. A facility or other location, including a location used to provide emergency medical services or used to provide telemedicine services permitted under IC 25-1-9.5, that provides health care services or emergency medical services in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19 may not be held civilly liable for an act or omission relating to the provision of health care services with respect to which an individual providing health care services, a provider, an agent, or an employee are not liable under this chapter.

(c)    This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. An individual or an entity that:

(1)    has a financial interest in;

(2)    serves on the board of directors of; or

(3)    provides management or administrative services for;

a facility or other location that provides health care services or emergency medical services in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19 may not be held civilly liable for an act or omission described in subsection (b).

Cite as (Casemaker) IC 34-30-13.5-3

History. Amended by P.L. 166-2021, SEC. 18, eff. 3/1/2020.

As added by P.L. 138-2006, SEC.13.

§ 34-30-13.5-4.

This section applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. If a claim described in this chapter is:

(1)    a claim for injury or death resulting from medical malpractice; and

(2)    not barred by the immunity provided under this chapter; the claimant is required to comply with all of the provisions of IC 34-18 (medical malpractice act).

Cite as (Casemaker) IC 34-30-13.5-4

History. Added by P.L. 166-2021, SEC. 19, eff. 3/1/2020.

Chapter 18. Sports: Immunity of Persons Involved in the Special Olympics

§ 34-30-18-1. Negligent operation of motor vehicle; vicarious civil liability

(a)    This chapter does not grant immunity from civil damages that are proximately caused by the negligent operation of a motor vehicle.

(b)    This chapter does not affect the vicarious civil liability of the entity that the individual serves.

Cite as (Casemaker) IC 34-30-18-1

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-18-2. Liability of volunteers

An individual who, without compensation, contributes personal time to the Special Olympics is not liable for civil damages as a result of a negligent act or omission of the individual arising from that contribution.

Cite as (Casemaker) IC 34-30-18-2

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-18-3. Liability of contributors

A person who contributes only money to the Special Olympics is not liable for civil damages as a consequence of a negligent act or omission of an individual described in section 2 of this chapter solely because of that contribution.

Cite
as (Casemaker) IC 34-30-18-3

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-19-1. Intentional, wanton, or reckless behavior

This chapter does not grant immunity from civil liability to a person who engaged in intentional, willful, wanton, or reckless behavior.

Cite as (Casemaker) IC 34-30-19-1

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-19-2. Negligent operation of motor vehicle; licensed individuals; vicarious civil liability

(a)    This chapter does not grant immunity from civil damages that are proximately caused by the negligent operation of a motor vehicle.

(b)    This chapter does not apply to an individual who is registered, certified, or licensed under IC 25.

(c)    This chapter does not affect the vicarious civil liability of the entity the individual serves.

Cite as (Casemaker) IC 34-30-19-2

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-19-3. Liability of volunteers

A volunteer is not liable for civil damages that are proximately caused by a negligent act or omission in the personal services provided by:

(1)    the volunteer; or

(2)    another person selected, trained, supervised, or otherwise under the control of the volunteer;    in the course of a sports or leisure activity.

Cite as (Casemaker) IC 34-30-19-3

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-19-4. Liability of governmental entities, employees, and agents

A governmental entity and the employees and agents of a governmental entity are not liable for civil damages that are proximately caused by:

(1)    the negligent selection, training, or supervision of a volunteer providing personal services in the course of a sports or leisure activity; or

(2)    a negligent act or omission in the personal services provided by:

(A)    the volunteer; or

(B)    another person selected, trained, supervised, or otherwise under the control of the volunteer;

in the course of a sports or leisure activity.

Cite as (Casemaker) IC 34-30-19-4

History. As added by P.L. 1-1998, SEC.26.

§ 34-30-29-1. Immunity from civil liability; forcible entry of a motor vehicle

(a)    A person whose conduct conforms to subsection (b) is immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing a child from the motor vehicle.

(b)    Subsection (a) applies to a person if the person:

(1)    determines that a motor vehicle is locked or that there is no other reasonable method for a child to exit the motor vehicle;

(2)    has a good faith belief that forcible entry into the motor vehicle is necessary because a child is in imminent danger of suffering harm if not immediately removed and, based on the circumstances known to the person at the time, the belief is reasonable;

(3)    contacts a local law enforcement agency, fire department, or 911 dispatcher before forcibly entering the motor vehicle, if practicable, or as soon as possible thereafter;

(4)    uses no more force than necessary to enter the motor vehicle and remove the child; and

(5)    remains with the child in a safe location near the entered motor vehicle until a law enforcement officer arrives.

Cite as (Casemaker) IC 34-30-29-1

History. Added by P.L. 132-2015, SEC. 3, eff. 7/1/2015.

§ 34-30-29-2. Conditions necessary for immunity from civil liability; forcible entry of a motor vehicle

Section 1 of this chapter does not grant immunity from civil liability to a person who:

(1)    renders aid to a child beyond what is authorized in section 1 of this chapter; or

(2)    exercises gross negligence or willful and wanton misconduct.

Cite as (Casemaker) IC 34-30-29-2

Article 8. PUBLIC SAFETY

Chapter 23. COMMUNITY FAST RESPONDERS

§ 36-8-23-3. Good Samaritan statute applies to fast responders

IC 34-30-12-1 (the good Samaritan statute) applies to a community fast responder.

Cite as (Casemaker) IC 36-8-23-3

History. Added by P.L. 70-2012, SEC. 2, eff. 7/1/2012.



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