§ 23-17.6-5 - Immunity from liability.
SECTION 23-17.6-5
§ 23-17.6-5 Immunity from liability.– (a) No person licensed and authorized pursuant to this chapter or rules andregulations promulgated pursuant to this chapter shall be liable for any civildamages for any act or omission in connection with EMS training, or inconnection with services rendered outside a hospital, unless the act oromission is inconsistent with the level and scope of the person's training andexperience, and unless the act or omission was the result of gross negligenceor willful misconduct.
(b) No agency, organization, institution, corporation, orentity of state or local government that sponsors, authorizes, supports,finances, or supervises the function of emergency medical services personnellicensed and authorized pursuant to this chapter, including advanced lifesupport personnel, shall be liable for any civil damages for any act oromission in connection with sponsorship, authorization, support, finance, orsupervision of the emergency medical services personnel, where the act oromission occurs in connection with EMS training, or with services renderedoutside a hospital, unless the act or omission is inconsistent with the leveland scope of the training of the emergency medical services personnel, andunless the act or omission was the result of gross negligence or willfulmisconduct.
(c) No principal, agent, contractor, employee, orrepresentative of an agency, organization, institution, corporation, or entityof state or local government that sponsors, authorizes, supports, finances, orsupervises any functions of emergency medical services personnel licensed andauthorized pursuant to this chapter, or rules and regulations promulgatedpursuant to this chapter including advanced life support personnel, shall beliable for any civil damages for any act or omission in connection with thesponsorship, authorization, support, finance, or supervision of the emergencymedical services personnel, where the act or omission occurs in connection withEMS training, or occurs outside a hospital, unless the act or omission isinconsistent with the level and scope of the training of the emergency medicalservices personnel, and unless the act or omission was the result of grossnegligence or willful misconduct.
(d) No physician, who in good faith arranges for, requests,recommends, or initiates the transfer of a patient from a hospital to acritical medical care facility in another hospital, shall be liable for anycivil damages as a result of the transfer where sound medical judgmentindicates that the patient's medical condition is beyond the care capabilitycurrently available in the transferring hospital or the medical community inwhich that hospital is located, and where a prior agreement exists from thetransferee facility to accept and render necessary treatment to these patients.