Idaho § 46-908 LIABILITY

Idaho Statutes

§ 46-908 — LIABILITY

Idaho·Title 46 MILITIA AND MILITARY AFFAIRS·Ch. 9 EMERGENCY MEDICAL SERVICES ACT

(1)No act or omission of any person who is duly licensed under this chapter done or omitted in good faith while rendering emergency medical services to a person or persons who are perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury shall impose any liability upon those personnel, the supervising physician, the hospital, the organization providing the service, or on a federal, state, county, city or other local governmental unit, or on employees of such governmental unit, unless such provider of care or such personnel is shown to have caused injury and damages to such person or persons as a proximate result of such personnel’s reckless or grossly negligent misconduct, which shall be the sole grounds for civil

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(1) No act or omission of any person who is duly licensed under this chapter done or omitted in good faith while rendering emergency medical services to a person or persons who are perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury shall impose any liability upon those personnel, the supervising physician, the hospital, the organization providing the service, or on a federal, state, county, city or other local governmental unit, or on employees of such governmental unit, unless such provider of care or such personnel is shown to have caused injury and damages to such person or persons as a proximate result of such personnel’s reckless or grossly negligent misconduct, which shall be the sole grounds for civil liability of such persons in the provision of care or assistance under this chapter, regardless of the circumstance under which such care or assistance may be provided. This section shall not relieve the organization or agency operating the service from the duty of securing, maintaining and operating the equipment and licensure designated for use in performing the emergency medical services.
(2) The provisions of subsection (1) of this section shall apply to licensed personnel of another state of the United States who enter this state in response to an emergency to render emergency medical services to a person who is perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
(3) No act or omission of any person authorized under this chapter to provide community health emergency medical services shall impose any liability on such person or the person’s agency or supervising physician where the act or omission occurs in the course of providing authorized services and is done or omitted in good faith, unless the person is shown to have caused injury as a result of reckless or grossly negligent misconduct.

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Legislative History

[(46-908) (56-1014) 39-142, added 1976, ch. 187, sec. 3, p. 676; am. 1996, ch. 26, sec. 5, p. 64; am. and redesig. 2001, ch. 110, sec. 7, p. 380; am. 2009, ch. 189, sec. 5, p. 615; am. 2010, ch. 138, sec. 3, p. 293; am. 2015, ch. 157, sec. 5, p. 553; am. and redesig. 2025, ch. 94, sec. 6, p. 453.]