An Act To Protect Health Care Practitioners Responding to Public Health Threats
Maine Legislature, Session 121, LD 0846
Committee: Judiciary
Sponsors: SHIELDS, PENDLETON, COWGER, MITCHELL
Amends: 24 MRSA §2904

Legislative Document 
No. 846 
H.P.623 
House of Representatives, February 20, 2003 
An Act To Protect Health Care Practitioners Responding to Public 
Health Threats 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative SHIELDS of Auburn. 
Cosponsored by Senator PENDLETON of Cumberland and 
17/~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: COWGER of Hallowell, Senator: MITCHELL of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24 MRSA §2904. sub-§§1 and 2. as enacted by PL 1995, c. 
625, Pt. C, §3, are amended to read: 
1. 
Health 
care 
practitioners. 
Notwithstanding 
any 
inconsistent provision of any public or private and special law, 
a licensed health care practitioner who voluntarily, without the 
expectation or receipt of monetary or other compensation either 
directly or indirectly, provides professional services within the 
scope of that health care practitioner's licensure to a nonprofit 
organization or to an 
agency of the State or 
any political 
subdivision of the State 9FL to members or recipients of services 
of that organization or state or local agency: or in support of 
the State's response to a public health threat as defined in 
Title 22, section 801, subsection 10, an extreme public health 
emergency or a disaster as defined in Title 37-B, section 703, 
subsection 2 is not liable for an injury or death arising from 
those services unless the injury or death was 
caused willfully, 
wantonly, recklessly or by gross negligence of the health care 
practitioner. 
2. 
Retired 
physicians, 
podiatrists 
and 
dentists. 
Notwithstanding 
any 
inconsistent provision of 
any 
public 
or 
private and special law, 
a 
licensed physician, podiatrist or 
dentist 
who 
has 
retired 
from 
practice 
and 
who 
voluntarily, 
without 
the 
expectation 
or 
receipt 
of 
monetary 
or 
other 
compensation either directly or indirectly, provides professional 
services within the scope of that physician's, podiatrist's or 
dentist's licensure to a nonprofit organization or to an agency 
of the State or any political subdivision of the State 
9F.L to 
members or recipients of services of that organization or state 
or local agency; 
or in support of the State's response to a 
public health threat 
as 
defined 
in Title 
22, 
section ~ 
subsection 10, an extreme public health emergency or a disaster 
as defined in Title 37-B, section 703, subsection 2 is not liable 
for an injury or death arising from those services unless the 
injury or death was caused willfully, wantonly or recklessly by 
the physician, podiatrist or dentist. 
This extended immunity 
applies only if the licensed physician, podiatrist or dentist 
retired from practice, possessed an unrestricted license in the 
relevant profession and had not been disciplined by the licensing 
board in the previous 5 years at the time of the act or omission 
causing the injury. 
Sec. 3. 24 MRSA §2904. sub-§3. ,A-l is enacted to read: 
A-I. 
"Extreme public health emergency" means the occurrence 
or 
imminent 
threat 
of 
widespread 
exposure 
to 
a 
highly 
infectious or toxic agent that poses an imminent threat of; 
substantial harm to the population of the State; 
Page l-LR1580 (1) 
SUMMARY 
This bill provides limited immunity from civil liability for 
health care practitioners who volunteer their services in support 
of the State's response to a public health threat. an extreme 
public health emergency or a disaster.