50-5-1308. Immunity. (1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.
(2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.
(3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.
(4) The immunity provided by this section does not apply to:
(a) a health care facility that is owned or operated by the state or a political subdivision of the state;
(b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or
(c) health care providers who are employed by the state or a political subdivision of the state.
History: En. Sec. 8, Ch. 285, L. 2017.
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