§ 34-30-13.5-1 — Immunity

Indiana § 34-30-13.5-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 13.5: Health Care: Immunity for Persons Providing Services

Text

(a) This subsection does not apply during
a period of a state disaster emergency declared under IC 10-14-3-12 to
respond to COVID-19, if the state of disaster emergency was declared
after February 29, 2020, and before April 1, 2022. Except as provided
in section 2 of this chapter, a person who meets the following criteria
may not be held civilly liable for an act or omission relating to the
provision of health care services in response to an event that is declared
a disaster emergency under IC 10-14-3-12, regardless of whether the
provision of health care services occurred before or after the
declaration of a disaster emergency:
(1) Has a license to provide health care services under Indiana
law or the law of another state.
(2) Provides a health care service:
(A) within the scope of the person's license to another person;
and
(B) at a location where health care services are provided during
an event that is declared as a disaster.
(b) This subsection applies during a period of a state disaster
emergency declared under IC 10-14-3-12 to respond to COVID-19, if
the state of disaster emergency was declared after February 29, 2020,
and before April 1, 2022. Except as provided in section 2 of this
chapter, the following apply to the provision of health care services
arising from a state disaster emergency declared under IC 10-14-3-12
to respond to COVID-19:
(1) A person providing health care services or emergency medical
services, whether in person or through telemedicine services
permitted by IC 25-1-9.5, at a facility or other location where
health care services or emergency medical services are provided
may not be held civilly liable for an act or omission relating to the
provision or delay of health care services or emergency medical
services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.
(2) An employer, including an agency that provides or arranges
health care services or emergency medical services, of a person
described in subdivision (1) may not be held civilly liable for an
act or omission relating to the provision or delay of health care
services or emergency medical services arising from a state
disaster emergency declared under IC 10-14-3-12 to respond to
COVID-19.
(c) This subsection applies during a period of a state disaster
emergency declared under IC 10-14-3-12 to respond to COVID-19, if
the state of disaster emergency was declared after February 29, 2020,
and before April 1, 2022. The following do not constitute gross
negligence, willful or wanton misconduct, fraud, or intentional
misrepresentation under this chapter if 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;
in response to or arising from a state disaster emergency declared
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 to treat or help
prevent the transmission of COVID-19 in a manner that is not
approved by the federal Food and Drug Administration.
(4) Providing services that are outside of an individual's expertise
or specialty but within the individual's scope of practice under IC 16 or IC 25.

Legislative History

As added by P.L.138-2006, SEC.13. Amended by P.L.166-2021, SEC.16.