Section 34-51-8 – Treating physician immune.
34-51-8. Treating physician immune. A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise. Source: SL 2015, ch 188, §8.
Section 34-51-9 – State employees prohibited from blocking eligible patient’s access to investigational drug, biological product, or device.
34-51-9. State employees prohibited from blocking eligible patient’s access to investigational drug, biological product, or device. No official, employee, or agent of this state may block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a […]
Section 34-51-10 – Private cause of action not authorized.
34-51-10. Private cause of action not authorized. This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to […]
Section 34-52-1 – Definitions.
34-52-1. Definitions. Terms used in this chapter mean: (1)”Health care professional,” as defined in §58-17F-1; (2)”Health care facility,” any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional; (3)”Originating site,” a site where […]
Section 34-50-3 – Exceptions to confidentiality of interview, meeting, conference, or on-site intervention.
34-50-3. Exceptions to confidentiality of interview, meeting, conference, or on-site intervention. The confidentiality provided for in §34-50-2 does not apply if: (1)The critical incident stress management services are conducted on-site, in public, because of exigent circumstances inherent in the critical incident itself; (2)The emergency service provider, or the legal representative of the provider, expressly agrees […]
Section 34-50-4 – Confidentiality of communication to or record of critical incident stress management team or peer support team.
34-50-4. Confidentiality of communication to or record of critical incident stress management team or peer support team. Except as otherwise provided for in §34-50-5, a communication made by an emergency service provider to a critical incident stress management team or to a peer support team member while the provider receives critical incident stress management services […]
Section 34-50-5 – Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.
34-50-5. Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team. A communication or record described by §34-50-4 is not confidential if: (1)It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for […]
Section 34-50-6 – Immunity from liability.
34-50-6. Immunity from liability. A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member’s act, error, or omission in the performance of the services, unless the […]
Section 34-51-1 – Definitions.
34-51-1. Definitions. Terms used in this chapter mean: (1)”Advanced illness,” any progressive disease, medical, or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federally approved and available treatments, and that without life sustaining procedures, would result in death; (2)”Investigational drug, […]
Section 34-49-21 – Preemption of local laws, ordinances, and regulations.
34-49-21. Preemption of local laws, ordinances, and regulations. This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce […]