§ 40:1133.13 — Civil immunity

Louisiana § 40:1133.13

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1133.13. Civil immunity
A.(1) Any certified ambulance operator, certified pursuant to the provisions of this
Part, or any emergency medical services practitioner, licensed pursuant to the provisions of
this Part, who renders emergency medical care to an individual while in the performance of
his medical duties and following the instructions of a physician shall not be individually
liable to the individual for civil damages as a result of acts or omissions in rendering the
emergency medical care, except for acts or omissions intentionally designed to harm, or for
grossly negligent acts or omissions which result in harm to the individual. Nothing in this
Subsection shall relieve the driver of the emergency vehicle from liability arising from the
operation or use of the vehicle.
(2) The immunity granted to emergency medical services practitioners by the
provisions of this Part shall extend to parish governing authorities, police departments,
sheriffs' offices, fire departments, or other public agencies engaged in rendering emergency
medical services and its insurers with respect to such emergency medical services unless the
emergency medical services practitioner employed by such agencies would be personally
liable under the provisions of Paragraph (1) of this Subsection.
B. Any physician who provides instructions to any emergency medical services
practitioner by use of electronic or other means of transmission in connection with the
rendering of emergency medical services to an individual shall not be liable unto such
practitioner or to an individual or both for civil damages arising from his opinion, judgments,
actions, or duties, except for acts or omissions intentionally designed to harm, or for grossly
negligent acts or omissions which result in harm to the individual, while exercising that
degree of skill and care ordinarily employed by members of his profession in good standing.
C. No hospital facility which allows the use of telemetry or other equipment to
maintain contact between an emergency medical services practitioner and a physician shall
be liable for any civil damages arising out of the use of such equipment except for acts or
omissions by hospital personnel that are grossly negligent which result in harm to an
individual.
D. No registered nurse, licensed emergency medical services practitioner, or other
health professional licensed in Louisiana who supervises, instructs, or trains emergency
medical services practitioners in accordance with curricula developed or adopted by the
bureau shall be liable for any civil damages arising out of the actions or negligence of the
emergency medical personnel whom he supervised, educated, or trained.
E. There shall be no cause of action or civil liability, and no license or certification
holder or applicant shall have any cause of action or any claim for damages against any
individual, person, or institution providing information to the commission or its agents or
employees when that individual, person, or institution acts without malice and when there
is a reasonable belief that such information is accurate.
F. No public safety telecommunicator who instructs a caller on telephone
cardiopulmonary resuscitation shall be liable for any civil damages arising out of the
instruction provided to the caller, except for acts or omissions intentionally designed to harm,
or for grossly negligent acts or omissions that result in harm to an individual. A caller may
decline to receive instruction on cardiopulmonary resuscitation. When a caller declines
cardiopulmonary resuscitation instruction the public safety telecommunicator has no
obligation to provide the instruction.
G. No public safety agency shall be liable for any civil damages for employing
individuals to answer 911 emergency calls who are not designated as public safety
telecommunicators. Individuals who are not public safety telecommunicators, as defined in
R.S. 40:1131, shall not be required to complete the telephone cardiopulmonary resuscitation
training required by R.S. 40:1133.16 and shall have no obligation to offer and provide
telephone cardiopulmonary resuscitation instruction to a caller.

Legislative History

Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1233 by HCR 84 of 2015 R.S; Acts 2018, No. 578, §1; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.