58-13-2 - Emergency care rendered by licensee. - Utah Statutes

58-13-2. Emergency care rendered by licensee.
(1) A person licensed under Title 58, Occupations and Professions, to practice as any ofthe following health care professionals, who is under no legal duty to respond, and who in goodfaith renders emergency care at the scene of an emergency gratuitously and in good faith, is notliable for any civil damages as a result of any acts or omissions by the person in rendering theemergency care:
(a) osteopathic physician;
(b) physician and surgeon;
(c) naturopathic physician;
(d) dentist or dental hygienist;
(e) chiropractic physician;
(f) physician assistant;
(g) optometrist;
(h) nurse licensed under Section 58-31b-301 or 58-31c-102;
(i) podiatrist;
(j) certified nurse midwife;
(k) respiratory care practitioner;
(l) pharmacist, pharmacy technician, and pharmacy intern;
(m) Direct-entry midwife licensed under Section 58-77-301; or
(n) veterinarian.
(2) This Subsection (2) applies to a health care professional:
(a) (i) described in Subsection (1); and
(ii) who is under no legal duty to respond to the circumstances described in Subsection(3);
(b) who is:
(i) activated as a member of a medical reserve corps as described in Section 26A-1-126during the time of an emergency as provided in Section 26A-1-126;
(ii) acting within the scope of:
(A) the health care professional's license; or
(B) practice as modified under Subsection 58-1-307(4) or Section 26A-1-126; and
(iii) acting in good faith without compensation or remuneration as defined in Subsection58-13-3(2); or
(c) who is acting as a volunteer health practitioner under Title 26, Chapter 49, UniformEmergency Volunteer Health Practitioners Act.
(3) A health care professional described in Subsection (2) is not liable for any civildamages as a result of any acts or omissions by the health care professional in rendering care as aresult of:
(a) implementation of measures to control the causes of epidemic and communicablediseases and other conditions significantly affecting the public health or necessary to protect thepublic health as set out in Title 26A, Chapter 1, Local Health Departments;
(b) investigating and controlling suspected bioterrorism and disease as set out in Title 26,Chapter 23b, Detection of Public Health Emergencies Act; and
(c) responding to a national, state, or local emergency, a public health emergency asdefined in Section 26-23b-102, or a declaration by the President of the United States or otherfederal official requesting public health-related activities.

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(4) The immunity in Subsection (3) is in addition to any immunity or protection in stateor federal law that may apply.
(5) For purposes of Subsection (2)(b)(iii) remuneration does not include:
(a) food supplied to the volunteer;
(b) clothing supplied to the volunteer to help identify the volunteer during the time of theemergency; or
(c) other similar support for the volunteer.

Amended by Chapter 242, 2008 General Session