36-4A-26.3. Civil liability for voluntary or gratuitous emergency medical assistance.
No physician assistant licensed in this state or licensed or authorized to practice in other states of the United States who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance is liable for civil damages for any personal injuries which result from acts or omissions by those persons in rendering emergency care which constitute ordinary negligence. The immunity granted by this section does not apply to acts or omissions constituting willful, or wanton negligence or if the medical assistance is rendered at any hospital, physician's office, or other health care delivery entity where those services are normally rendered. No physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described in this section is liable for civil damages for any personal injuries which result from acts or omissions by the physician assistant rendering emergency care.
Source: SL 2007, ch 207, ยง12.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 04A - Physician Assistants
Section 36-4A-1 - Definition of terms.
Section 36-4A-1.1 - Practice agreement defined.
Section 36-4A-3.1 - Physician assistant advisory committee--Appointment--Terms--Duties.
Section 36-4A-4 - Unlawful practice as misdemeanor--Each violation as separate offense.
Section 36-4A-5 - Student activities not limited.
Section 36-4A-6 - Federal employees' activities not limited--Christian Scientists.
Section 36-4A-8 - Issuance of license--Qualifications.
Section 36-4A-8.1 - Temporary license--Expiration.
Section 36-4A-10 - Assistants practicing when chapter enacted.
Section 36-4A-20.1 - Practice agreement not to include abortion.
Section 36-4A-26.2 - Emergency or disaster services--Physician supervision.
Section 36-4A-26.3 - Civil liability for voluntary or gratuitous emergency medical assistance.
Section 36-4A-27 - Practice of auxiliary professions not authorized.
Section 36-4A-28 - Hospital rules applicable.
Section 36-4A-29 - Physician supervision--Methods.
Section 36-4A-29.2 - Conditions for physician supervision.
Section 36-4A-30 - Physician not relieved of professional responsibility.
Section 36-4A-30.1 - Employment arrangement of physician and physician assistant not limited.
Section 36-4A-31 - Renewal of physician assistant's license--Form.
Section 36-4A-32 - Continuing education required for renewal.
Section 36-4A-33 - Suspension of license not renewed--Reinstatement.
Section 36-4A-36 - Collection and disposition of fees--Refunds not permitted.
Section 36-4A-37 - Nonrenewal, suspension, or revocation of license--Other disciplinary action.
Section 36-4A-38 - Unprofessional or dishonorable conduct defined.
Section 36-4A-39 - Right of appeal from board.
Section 36-4A-40 - Suspension of license for mental incompetence.
Section 36-4A-41 - Reissuance of canceled, revoked, or suspended license.