Current through the 2023 Legislative Sessions
Section 32-03.1-02.2 - Immunity for a licensed health care provider who provides volunteer medical care at free clinics - Immunity for persons offering wholesome food or grocery product1. A health care provider licensed under title 43 who renders medical care on a voluntary basis at a free clinic is not liable in any personal injury civil action for acts or omissions resulting in the rendering of that care unless it is plainly alleged in the complaint and later proven that the health care provider's acts or omissions constituted intentional misconduct or gross negligence. For purposes of this section, "voluntary" is defined as without receiving remuneration of any sort. "Free clinic" is defined as a clinic that is established to provide primary health care to persons who are otherwise unable to obtain medical services due to their lack of access to health insurance or medical assistance.2. A restaurant, grocery store, or an individual or entity offering apparently wholesome food and apparently fit grocery products, free of charge may not be held liable for any acts or omissions resulting in the offering of food care unless it is plainly alleged in the complaint and later proven the act of the individual or entity constituted intentional misconduct or gross negligence.Amended by S.L. 2023 , ch. 312( HB 1243 ), § 3, eff. 8/1/2023.