Maine Revised Statutes Title 32 Sec. 93-A – Immunity for supervision and training
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1. Emergency medical treatment supervision. A physician functioning within the medical control system established by the regional medical director and practicing in a hospital to or from which patients are transported under section 86 or health care practitioner under such a physician’s supervision who gives oral or written instructions to a basic emergency medical services person or an advanced emergency medical person for the provision of emergency medical treatment outside the hospital is not civilly liable for negligence as a result of issuing the instructions, if the instructions were in accordance with the protocol for the patient’s reported condition. For the purpose of aiding in establishing the use of a protocol that permits the immunity provided in this subsection, the following provisions apply:
A. The basic emergency medical services person or advanced emergency medical person to whom the instructions are given shall document those instructions on the state ambulance run record; and [PL 2019, c. 370, §18 (AMD).]
B. The physician or health care practitioner giving the instructions shall maintain a medical control log documenting those instructions at the time they were given and shall sign the log. [PL 1987, c. 638, §2 (NEW).]
The immunity provided in this subsection extends to the hospital in which the physician described in this subsection is practicing or the health care practitioner described in this subsection is being supervised.
[PL 2019, c. 370, §18 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 93-A
- Advanced emergency medical person: means an emergency medical services person licensed to perform advanced emergency medical treatment. See Maine Revised Statutes Title 32 Sec. 83
- Ambulance: means any vehicle, whether an air, ground or water vehicle, that is designed, constructed or routinely used or intended to be used for the transportation of ill or injured persons. See Maine Revised Statutes Title 32 Sec. 83
- Basic emergency medical services person: means a person licensed to perform basic emergency medical treatment. See Maine Revised Statutes Title 32 Sec. 83
- Director: means the Director of Maine Emergency Medical Services. See Maine Revised Statutes Title 32 Sec. 83
- Emergency medical treatment: means those skills, techniques and judgments, as defined by the board, which are directed to maintaining, improving or preventing the deterioration of the medical condition of the patient and which are appropriate to be delivered by trained persons at the scene of a patient's illness or injury outside the hospital and during transportation to the hospital. See Maine Revised Statutes Title 32 Sec. 83
- Health care practitioner: has the meaning set forth in Title 24, section 2502, subsection 1?A. See Maine Revised Statutes Title 32 Sec. 83
- Maine Emergency Medical Services: means the board, the emergency medical services director and staff within the Department of Public Safety responsible for carrying out the purposes of this chapter. See Maine Revised Statutes Title 32 Sec. 83
- Physician: has the meaning set forth in Title 24, section 2502, subsection 3. See Maine Revised Statutes Title 32 Sec. 83
2. Emergency medical services persons’ training. Except as otherwise provided in this subsection, no hospital, physician or health care practitioner providing an emergency medical services course, refresher course or continuing education course approved by Maine Emergency Medical Services may be vicariously liable for the civil liability of a person enrolled in the course to a person receiving emergency medical treatment during the course.
The immunity provided by this subsection does not apply if the person enrolled in the course is an employee of the hospital, physician or health care practitioner seeking immunity under this subsection.
[PL 1991, c. 588, §25 (AMD).]
SECTION HISTORY
PL 1987, c. 638, §2 (NEW). PL 1991, c. 588, §25 (AMD). PL 2019, c. 370, §18 (AMD).