REFERENCE TITLE: health care actions; liability; students

State of Arizona Senate Fiftieth Legislature First Regular Session 2011

SB 1429

Introduced by Senators Nelson, Barto, Bundgaard; Representative Ash: Senator Murphy; Representatives Burges, Carter

 

AN ACT

 

amending title 12, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 12-564; relating to health care actions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 12-564, to read:

START_STATUTE12-564.  Qualified immunity; students; duty of care

A.  A student who is in a certified, accredited or state approved educational or training program 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.

B.  A student who is in a certified, accredited or state approved educational or training program 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. END_STATUTE