2005 Regular Session
To: Judiciary, Division A
By: Senator(s) White
AN ACT TO PROVIDE GOOD-FAITH IMMUNITY TO CERTAIN EMERGENCY MEDICAL SERVICE PROVIDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Emergency medical service personnel, public or private, who provide emergency or nonemergency services to a patient outside a hospital, in a hospital before transferring patient care to hospital personnel, or in a clinical setting, with or without compensation, which services are consistent with the individual's licensure, certification, or training, shall not be liable in a civil action for any act or omission resulting in injury, death or loss to person or property unless the act or omission, including bypassing of nearby hospitals or medical facilities, is the result of gross negligence or willful misconduct which is the proximate cause of the injury, death or loss to person or property. The immunity extended under this act shall apply to all of the following:
(a) First responders;
(b) Medical first responders;
(c) Emergency medical services drivers;
(d) Wheelchair van drivers;
(e) Emergency medical technicians, whether basic, intermediate, or paramedic;
(f) Registered nurses employed by a licensed ambulance service;
(g) Authorizing physicians or physician's designees;
(h) Medical directors, medical control authorities and any employee of the medical director or medical control authority;
(i) Life support agencies, ambulance companies or an officer, member of the staff or other employee of a life support agency or ambulance company;
(j) Dispatchers, telecommunications operators, or persons providing communications services or lawfully operating or utilizing supportive electronic communications devices as a part of the emergency medical service;
(k) Education program medical directors, education instructors, coordinators, or education program sponsors, including any life support agency, hospital or other entity providing the clinical setting for an education program;
(l) Student or clinical observers of an approved education program who are participating in an education program-approved clinical setting; and
(m) Persons and agencies participating in the development and implementation of protocols and or standing operating procedures.
(2) For the purposes of this section, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results;
(b) "Willful misconduct" means intent to harm.
(3) The immunity granted under this section applies to all services provided to a patient by the agencies, individuals and entities identified, including, without limitation, the treatment, transfer and transport of a patient, whether emergency or nonemergency, and the use of an automated external defibrillator on an individual who is exhibiting symptoms consistent with cardiac distress.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.