§ 23-4.1-12 - Immunity from liability.
SECTION 23-4.1-12
§ 23-4.1-12 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 emergency medical services(EMS) training or in connection with services rendered outside a hospital,unless the act or omission is inconsistent with the level and scope of theperson's training and experience and unless the act or omission was the resultof gross negligence or willful misconduct.
(b) No agency, organization, institution, corporation, orentity of state or local government that sponsors, authorizes, supports,finances, or supervises the functions 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 those 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 thatsponsorship, authorization, support, finance, or supervision of those 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 those patients.
(e) Any municipal, fire district, or state firefighter,paramedic, or emergency medical technician who, in good faith, without theexpectation of monetary or other compensation from the person aided or treated,renders first aid, emergency treatment, rescue assistance, or transportservices to a person at the scene of an accident, fire, or in any otheremergency situation, or en route from the scene to any hospital, medicalclinic, or doctor's office, shall not be liable for any civil damages for actsor omissions resulting from the rendering of that care, treatment, orassistance.
(f) The individual immunity granted in this section appliesto members or employees of governmental ambulance, rescue, or emergency units,whether or not a user or service fee may be charged by the governmental entityand whether or not the members or employees receive salaries or othercompensation from the governmental entity.
(g) The immunity granted in this section also extends to anycity, town, or fire district engaged in rendering emergency aid.
(h) This section shall not be construed to provide immunityto a person or entity causing any damage by his willful, wanton, or recklessacts or omissions.