A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider is not liable in a medical malpractice action for injury that occurs during or as a result of care that is provided while the student is in the program and under the supervision of a licensed health care provider unless gross negligence is established by clear and convincing evidence.

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Terms Used In Arizona Laws 12-564

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Licensed health care provider: means both:

    (a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of such person, corporation or institution in providing such health care, medical services, nursing services or other health-related services. See Arizona Laws 12-561

B. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider does not owe an independent duty of care to a patient if the student is participating in patient care under the supervision of a licensed health care provider.

C. This section does not eliminate any responsibility of the supervising licensed health care provider for the student’s actions.