This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective August 1, 2021. This Is Not in the Current Code Supplement.

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Section 16-30C-5

THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) A school employee shall be immune from civil liability or criminal liability as a result of his or her acts or omissions in the supervision or rendering of services, care, or assistance to a student pursuant to this chapter or for any act, failure to act, or in the provision or arrangement for further treatment, care, or assistance unless the school employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

(b)(1) This chapter does not create any supervisory authority between physicians creating seizure management and treatment plans and the school's execution of those plans. A physician shall not be subject to criminal or civil liability for the acts or omissions of school employees and officials in carrying out a seizure management and treatment plan, and shall also not be subject to vicarious liability.

(2) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation thereof.

(Act 2021-517, §1.)


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