State of Indiana
Good Samaritan Laws
Ind. Code Ann. §34-4-12.1
Ind. Code Ann. §34-30-12-2
- Provides immunity for rescuers
- Encourages/requires CPR & AED training -national or state approved course
Chapter 12. Health Care: Immunity of Persons Rendering Emergency First Aid
IC 34-30-12-1
Gratuitously rendered emergency care; immunity
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) A licensed physician who gives medical
direction in the use of a defibrillator 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 the act or omission of the licensed physician or
instructor:
(1) involves the training
for or use of an automatic external defibrillator; and
(2) does not amount to
gross negligence or willful or wanton misconduct.
As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999,
SEC.73;
P.L.84-2003, SEC.1 and P.L.91-2003, SEC.1; P.L.74-2006,
SEC.5.
IC 34-30-12-2
Gratuitously rendered cardiopulmonary resuscitation; immunity
Sec. 2. (a) This section applies to a
person who has successfully completed a course of training in
cardiopulmonary resuscitation according to the standards recommended by
the Division of Medical Sciences, National Academy of Sciences - National
Research Council.
(b) This section does not apply to acts or
omissions amounting to gross negligence or willful or wanton
misconduct.
(c) An act or omission of the person while
attempting to administer cardiopulmonary resuscitation, without pecuniary
charge, to any person who is an apparent victim of acute cardiopulmonary
insufficiency shall not impose any liability upon the person attempting
the resuscitation.
As added by P.L.1-1998, SEC.26.
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