§ 25-1-20-4 — Health care provider subject to discipline for certain acts; exceptions

(a) Except as provided by subsection (b),
section 3 of this chapter does not protect a health care provider from
professional discipline under IC 25-1-7 or IC 25-1-9 if the health care
provider's action, omission, decision, or compliance constitutes gross
negligence, willful or wanton misconduct, fraud, or intentional
misrepresentation.
(b) The following do not constitute gross negligence, willful or
wanton misconduct, fraud, or intentional misrepresentation under this
chapter if performed in response to or 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;
during an event that is declared a disaster emergency 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 in a manner that is not
approved by the federal Food and Drug Administration.
(4) Providing services under a reallocation of staff or resources.
(5) Providing services that are outside of an individual's expertise
or specialty.

Legislative History

As added by P.L.166-2021, SEC.5.