Montana Code Annotated 2003

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     50-6-317. Liability protection. (1) A physician or registered nurse licensed under the laws of this state who gives instructions for medical care to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician or nurse, if the instructions given by the physician or nurse are:
     (a) consistent with the protocols and the medical control plan approved by the department in licensing the emergency medical service; and
     (b) consistent with the level of certification or licensure of the emergency medical services personnel instructed by the physician or nurse.
     (2) An offline medical director is not liable for civil damages for an injury resulting from the performance of his duties, except damages for an injury resulting from the gross negligence of the director.

     History: En. Sec. 2, Ch. 304, L. 1991.

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