50-6-317. Liability protection. - Montana Statutes

     50-6-317. Liability protection. (1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician, physician assistant, or nurse, if the instructions given by the physician, physician assistant, or nurse are:
     (a) consistent with the protocols and the offline medical direction plan approved by the department in licensing the emergency medical service; and
     (b) consistent with the level of licensure of the emergency medical services personnel instructed by the physician, physician assistant, or nurse.
     (2) An individual who volunteers or who is reimbursed $5,000 or less in any 12-month period for providing offline medical direction is not liable for civil damages for an injury resulting from the performance of the individual's offline medical direction duties, except damages for an injury resulting from the gross negligence of the individual.

     History: En. Sec. 2, Ch. 304, L. 1991; amd. Sec. 1818, Ch. 56, L. 2009; amd. Sec. 6, Ch. 150, L. 2009.