Sec. 1. (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 when the certified emergency medical technician, the certified advanced emergency medical technician, or the licensed paramedic makes a good faith judgment that the emergency patient or the emergency 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 emergency 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.]

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.