§ 16-31-6-1 — Emergency medical services; immunity

Indiana § 16-31-6-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 31: EMERGENCY MEDICAL SERVICES
• Ch. 6: Immunity From Liability

Text

(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, mental health facility, or urgent 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 patient or the 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 patient is reasonably likely to suffer disability or death without
the medical intervention available at the facility.
[Pre-1993 Recodification Citation: 16-1-39-19.]

Legislative History

As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003, SEC.33; P.L.77-2012, SEC.46; P.L.113-2020, SEC.2; P.L.166-2021, SEC.2; P.L.210-2025, SEC.5.