§ 34-30-13-1.2 — Immunity related to volunteer health care service

Indiana § 34-30-13-1.2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 13: Health Care: Immunity of Persons Providing Voluntary

Text

2. (a) Except as provided in section 2 of this
chapter, a person who meets each of the following criteria is immune
from civil liability resulting from any act or omission related to the
provision of a health care service:
(1) Is licensed as any of the following:
(A) A physician under IC 25-22.5.
(B) A physician assistant under IC 25-27.5.
(C) A dentist under IC 25-14.
(D) A nurse under IC 25-23.
(E) An advanced practice registered nurse (as defined in IC 25-23-1-1(b)) who is licensed under IC 25-23.
(F) An optometrist under IC 25-24.
(G) A podiatrist under IC 25-29.
(2) Provides the health care service:
(A) voluntarily;
(B) to another individual;
(C) without compensation;
(D) within the scope of the person's license described in
subdivision (1); and
(E) at a location that is determined to be appropriate and listed
on the health care volunteer registry under IC 25-22.5-15.
(3) Notifies, before providing the health care service:
(A) the individual receiving the health care service; or
(B) the person who is legally responsible for the care of the
individual receiving the health care service;
that the person providing the health care service is immune from
civil liability in relation to the provision of the health care service.
(4) Obtains the signature of:
(A) the individual receiving the health care service; or
(B) the person who is legally responsible for the care of the
individual receiving the health care service;
on a waiver that states the person providing the health care
service is immune from civil liability in relation to the provision
of the health care service.
(5) Is listed on the health care volunteer registry under IC 25-22.5-15.
(b) The immunity provided under this chapter applies to:
(1) dental services provided in a dental office; and
(2) health care services that are provided in a setting other than:
(A) a physician's office;
(B) an entity licensed or certified by the Indiana department of
health;
(C) a health care facility, including a facility that receives
federal funding; or
(D) any other permanent facility in which the primary purpose
is to provide health care services.
(c) A sponsoring organization, owner, operator, lessor, or lessee:
(1) of a location described in subsection (a)(2)(E); and
(2) that:
(A) permits a person described in subsection (a) to provide a
health care service at the location as described in this section;
and
(B) receives no compensation for permitting the provision of
the health care service as described in clause (A);
is immune from civil liability resulting from an act or omission related
to the provision of the health care service.
(d) A person who provides a health care service as described in this
section may recommend laboratory and imaging based screenings and
tests, and provide written documentation of the recommendation, to:
(1) the individual receiving the health care service; or
(2) the person who is legally responsible for the care of the
individual receiving the health care service.

Legislative History

As added by P.L.161-2015, SEC.3. Amended by P.L.129-2018, SEC.44; P.L.56-2023, SEC.316.