(a) Notwithstanding any law to the contrary, a health care institution or health care
provider shall be immune from suit and any liability under state law with respect
to all claims for loss caused by, arising out of, relating to, or resulting from misuse
of an indwelling catheter that the health care provider placed in a patient if:
(1) The misuse occurs after placement of the indwelling catheter, after the patient
is discharged from the health care institution, or after both; and
(2) The health care institution provides written notice of such immunity to the patient
at the time of or subsequent to the placement of the indwelling catheter, but in all
cases prior to the patient's discharge from the health care institution.
(b) For purposes of this section, misuse of an indwelling catheter means that an individual, other than an employee of the health care institution or
health care provider:
(1) Introduces any drug as defined in title 39, chapter 17, part 4 into the indwelling
(2) Introduces any medication not prescribed by the health care provider into the
indwelling catheter; or
(3) Introduces any other substance harmful to the patient into the indwelling catheter.
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