25-23.4-8-2. Collaborative agreement and liability; physician; health care provider

IN Code § 25-23.4-8-2 (2019) (N/A)

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Sec. 2. (a) A physician who signs a collaborative agreement with a certified direct entry midwife who:

(1) is certified; and

(2) maintains insurance as required;

under this article may not be held jointly or severally liable for the acts or omissions of a certified direct entry midwife.

(b) Except in cases of gross negligence or willful or wanton misconduct in regard to a physician's collaboration with a certified direct entry midwife, the physician may not be held liable for the collaboration or work with the certified direct entry midwife. This subsection may not be construed to provide immunity to a physician for direct care or treatment that a physician provides to a patient as part of a patient-physician relationship.

(c) If a health care provider employs a physician who signs or has signed a collaborative agreement with a certified direct entry midwife under this article, the health care provider may not be held liable for acts or omissions of the:

(1) midwife; or

(2) physician arising from or pertaining to the physician's collaboration with the direct entry midwife.

(d) Subsection (c) does not apply to a health care provider that:

(1) employs; or

(2) extends clinical privileges to;

a certified direct entry midwife.

As added by P.L.185-2015, SEC.24.

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25-23.4-8-1. Hospital liability

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