Qualified immunity; students; duty of care

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12-564. Qualified immunity; students; duty of care

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

C. This section does not eliminate any responsibility of the supervising licensed health care provider for the student's actions.


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