April 4, 2003
ENGROSSED
HOUSE BILL No. 1271
_____
DIGEST OF HB 1271
(Updated April 1, 2003 2:36 PM - DI 106)
Citations Affected: IC 34-30.
Synopsis: Immunity for defibrillator instructors. Grants immunity from
civil liability to certain licensed physicians or the instructor of a person
who renders emergency care using an automatic external defibrillator,
if the licensed physician or instructor's act or omission does not amount
to gross negligence or willful or wanton misconduct.
Effective: July 1, 2003.
January 13, 2003, read first time and referred to Committee on Judiciary.
February 24, 2003, amended, reported _ Do Pass.
February 27, 2003, read second time, ordered engrossed. Engrossed.
March 3, 2003, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
March 4, 2003, read first time and referred to Committee on Criminal, Civil and Public
Policy.
April 3, 2003, reported favorably _ Do Pass.
April 4, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1271
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-30-12-1; (03)EH1271.1.1. -->
SECTION 1. IC 34-30-12-1, AS AMENDED BY P.L.1-1999,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) This section does not apply to services
rendered by a health care provider (as defined in IC 34-18-2-14 or
IC 27-12-2-14 before its repeal) to a patient in a health care facility (as
defined in IC 27-8-10-1).
(b) Except as provided in subsection (c), a person who comes upon
the scene of an emergency or accident or is summoned to the scene of
an emergency or accident and, in good faith, gratuitously renders
emergency care at the scene of the emergency or accident is immune
from civil liability for any personal injury that results from:
(1) any act or omission by the person in rendering the emergency
care; or
(2) any act or failure to act to provide or arrange for further
medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful
or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5
applies. A person who gratuitously renders emergency care involving
the use of an automatic external defibrillator is immune from liability
for any act or omission not amounting to gross negligence or willful or
wanton misconduct if the person fulfills the requirements set forth in
IC 16-31-6.5.
(d) This subsection applies to an individual, business, or
organization to which IC 16-31-6.5 applies. An individual, business, or
organization that allows a person who is an expected user to use an
automatic external defibrillator of the individual, business, or
organization to in good faith gratuitously render emergency care is
immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct by the user or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the
emergency care if the individual, business, or organization and the user
fulfill the requirements set forth in IC 16-31-6.5.
(e) The licensed physician who gives medical direction in the use
of a defibrillator under IC 16-31-6.5-4 or a national or state
approved defibrillator instructor of a person who gratuitously
renders emergency care involving the use of an automatic external
defibrillator is immune from civil liability for any act or omission
of the licensed physician or instructor if:
(1) the act or omission of the licensed physician or instructor:
(A) involves the training for or use of an automatic
external defibrillator; and
(B) does not amount to gross negligence or willful or
wanton misconduct; and
(2) the licensed physician or instructor fulfills the
requirements of IC 16-31-6.5.