56-1014. LIABILITY. (1) No act or omission of any person who is duly licensed under sections 56-1011 through 56-1023, Idaho Code, by the EMS bureau done or omitted in good faith while rendering emergency medical services to a person or persons who are perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury shall impose any liability upon those personnel, the supervising physician, the hospital, the organization providing the service, or upon a federal, state, county, city or other local governmental unit, or upon employees of such governmental unit, unless such provider of care or such personnel be shown to have caused injury and damages to such person or persons as a proximate result of his, her or their reckless or grossly negligent misconduct, which shall be the sole grounds for civil liability of such persons in the provision of care or assistance under sections 56-1011 through 56-1023, Idaho Code, regardless of the circumstance under which such care or assistance may be provided. This section shall not relieve the organization or agency operating the service from the duty of securing, maintaining and operating, the equipment and licensure designated for use in performing the emergency medical services.
(2) The provisions of subsection (1) of this section shall apply to licensed personnel of another state of the United States who enter this state in response to an emergency to render emergency medical services to a person who is perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
(3) No act or omission of any person authorized under this chapter to provide community health emergency medical services shall impose any liability upon such person or the person’s agency or supervising physician where the act or omission occurs in the course of providing authorized services and is done or omitted in good faith, unless the person is shown to have caused injury as a result of reckless or grossly negligent misconduct.
History:
[(56-1014) 39-142, added 1976, ch. 187, sec. 3, p. 676; am. 1996, ch. 26, sec. 5, p. 64; am. and redesig. 2001, ch. 110, sec. 7, p. 380; am. 2009, ch. 189, sec. 5, p. 615; am. 2010, ch. 138, sec. 3, p. 293; am. 2015, ch. 157, sec. 5, p. 553.]
Structure Idaho Code
Title 56 - PUBLIC ASSISTANCE AND WELFARE
Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE
Section 56-1001 - DEFINITIONS.
Section 56-1002 - DEPARTMENT OF HEALTH AND WELFARE — CREATION — ADMINISTRATIVE REGIONS.
Section 56-1003 - POWERS AND DUTIES OF THE DIRECTOR.
Section 56-1004 - DIRECTOR — ADDITIONAL POWERS AND DUTIES.
Section 56-1004A - CRIMINAL HISTORY AND BACKGROUND CHECKS.
Section 56-1006 - TITLE SUPERSEDED.
Section 56-1007 - COLLECTION OF FEES FOR SERVICES.
Section 56-1008 - CRIMINAL VIOLATION — PENALTY.
Section 56-1011 - EMERGENCY MEDICAL SERVICES — STATEMENT OF INTENT.
Section 56-1012 - DEFINITIONS.
Section 56-1013 - AUTHORIZED ACTIONS.
Section 56-1013A - IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION — TERMS AND OPERATION.
Section 56-1013B - RECOGNITION OF EMS PERSONNEL LICENSURE INTERSTATE COMPACT (REPLICA).
Section 56-1013D - DEFINITIONS.
Section 56-1013E - HOME STATE LICENSURE.
Section 56-1013F - COMPACT PRIVILEGE TO PRACTICE.
Section 56-1013G - CONDITIONS OF PRACTICE IN A REMOTE STATE.
Section 56-1013H - RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
Section 56-1013I - VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY AND THEIR SPOUSES.
Section 56-1013J - ADVERSE ACTIONS.
Section 56-1013K - ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY.
Section 56-1013L - ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE.
Section 56-1013M - COORDINATED DATABASE.
Section 56-1013N - RULEMAKING.
Section 56-1013O - OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
Section 56-1013Q - CONSTRUCTION AND SEVERABILITY.
Section 56-1015 - FAILURE TO OBTAIN CONSENT.
Section 56-1016 - AGENCY MINIMUM STANDARDS.
Section 56-1018 - EMERGENCY MEDICAL SERVICES FUND.
Section 56-1018A - EMERGENCY MEDICAL SERVICES FUND II.
Section 56-1018B - EMERGENCY MEDICAL SERVICES FUND III.
Section 56-1019 - SERVICES TO VICTIMS OF CYSTIC FIBROSIS.
Section 56-1020 - PENALTIES FOR PERSONNEL LICENSE VIOLATIONS.
Section 56-1021 - PENALTIES FOR AGENCY LICENSE VIOLATIONS.
Section 56-1022 - PERSONNEL AND AGENCIES LICENSURE ACTIONS — GROUNDS — PROCEDURE.
Section 56-1024 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT.
Section 56-1025 - DEFINITIONS.
Section 56-1026 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION.
Section 56-1027 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM COUNCIL — CREATION — COMPOSITION.
Section 56-1028 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM COUNCIL — DUTIES — RULEMAKING.
Section 56-1029 - IDAHO TRAUMA, STROKE AND HEART ATTACK CENTERS — DESIGNATION.
Section 56-1030 - REGIONAL TIME SENSITIVE EMERGENCY COMMITTEES — MEMBERSHIP — DUTIES.
Section 56-1036 - LEGISLATIVE INTENT.
Section 56-1037 - POISON CONTROL CENTER ESTABLISHED — SERVICES OFFERED.
Section 56-1038 - COORDINATION WITH OTHER AGENCIES.
Section 56-1039 - POWER TO ACCEPT FEDERAL FUNDS AND GIFTS.
Section 56-1040 - RULEMAKING AUTHORITY.
Section 56-1041 - STATE X-RAY CONTROL AGENCY.
Section 56-1042 - DEFINITIONS.
Section 56-1044 - RADIATION MACHINES USED TO PERFORM MAMMOGRAPHY.
Section 56-1047 - FEDERAL-STATE AGREEMENTS — AUTHORIZED — EFFECT AS TO FEDERAL LICENSES.
Section 56-1048 - INSPECTION AGREEMENTS AND TRAINING PROGRAMS.
Section 56-1049 - ADMINISTRATIVE PROCEDURE.
Section 56-1050 - INJUNCTION PROCEEDINGS.
Section 56-1051 - PROHIBITED USES.
Section 56-1052 - IMPOUNDING OF MATERIALS.