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13-21-108.2. Persons rendering emergency assistance - competitive sports - exemption from civil liability

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(1) (a) Except as provided in subsection (2) of this section, a person licensed as a physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or certified or licensed as an emergency medical service provider under part 2 of article 3.5 of title 25, who, in good faith and without compensation, renders emergency care or emergency assistance, including sideline or on-field care as a team health care provider, to an individual requiring emergency care or emergency assistance as a result of having engaged in a competitive sport is not liable for civil damages as a result of acts or omissions by the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist, or person certified or licensed as an emergency medical service provider under part 2 of article 3.5 of title 25.

(b) The provisions of this subsection (1) apply to the rendering of emergency care or emergency assistance to a minor even if the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, emergency medical service provider, or optometrist does not obtain permission from the parent or legal guardian of the minor before rendering the care or assistance; except that, if a parent or guardian refuses the rendering of emergency care, this subsection (1) does not apply.

(2) The exemption from civil liability described in subsection (1) of this section does not apply to:

(a) Acts or omissions that constitute gross negligence or willful and wanton conduct; or

(b) Acts or omissions that are outside the scope of the license held by the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or outside the scope of the certificate or license held by an emergency medical service provider under part 2 of article 3.5 of title 25.

(3) As used in this section, competitive sport means a sport conducted as part of a program sponsored by a public or private school that provides instruction in any grade from kindergarten through twelfth grade or sponsored by a public or private college or university or by any league, club, or organization that promotes sporting events.

(4) The general assembly declares that the intent of this section is to clarify and not to expand or limit the scope of section 13-21-108.

History

History.
Source: L. 2007: Entire section added, p. 321, 1, effective July 1; (1) and (2)(b) amended, p. 2024, 24, effective July 1. L. 2012: (1), IP(2), and (2)(b) amended, (HB 12-1059), ch. 271, p. 1432, 8, effective July 1. L. 2019: (1) and (2)(b) amended, (SB 19-242), ch. 396, p. 3525, 7, effective May 31.