La. Admin. Code tit. 48 § XI-3301

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-3301 - Immunity from Civil Damages

A. Any basic, intermediate, or paramedic emergency medical technicians certified pursuant to the terms of this Part who renders emergency medical care to a person while in the performance of his medical duties and following the instructions of a physician shall not be individually liable to such a person for civil damages as a result of acts of omissions intentionally designed to harm, or for grossly negligent acts or omissions which result in harm to such person. Nothing herein shall relieve the driver of the emergency vehicle from liability arising from the operation or use of such vehicle.

B. The immunity granted herein to basic, intermediate, and paramedic emergency technicians by the provisions of this Part shall extend to parish governing authorities, police departments, sheriff's 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 technician employed by said agencies would be personally liable under the provisions of Subsection B.

C. Any physician or surgeon who is a licensed practitioner of medicine in the state of Louisiana, who provides instructions to basic, intermediate, or paramedic emergency medical technicians certified by the provisions of this Part by use of electronic or other means of transmission in connection with the rendering of emergency medical services shall not be liable unto such person for civil damages arising from his opinion, judgments, actions, or duties while exercising that degree of skill and care ordinarily employed by member of his profession in good standing in the same community or locality considering the circumstances of providing emergency instructions.

D. No hospital facility which allows the use of telemetry or other equipment to maintain contact between the basic, intermediate, and paramedic emergency medical technicians and physicians shall be liable for any civil damages arising out of the use of such equipment except for acts of omissions by hospital personnel that are grossly negligent which result in harm to a person.

La. Admin. Code tit. 48, § XI-3301

Promulgated by the Department of Health and Human Resources, Office of Hospitals, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1235.