An Act To Protect Health Care Practitioners Responding to Public Health Threats LR 1580(02)
Maine Legislature, Session 121, LD 0846
Committee Amendment CA_A_H435 (House)
Amends: 22 MRSA §816, 24 MRSA §2904

COMMITTEE AMENDMENT "fI" to H.P. 623, L.D. 846, 
Act To Protect Health Care Practitioners Responding 
Health Threats" 
Bill, "An 
to Public 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 22 MRSA §816, sub-§I, as enacted by PL 1989, c. 487, 
§11, is amended to read: 
1. 
For private institutions. 
Any private institution, its 
employees or agents shal-l--se are immune from civil liability to 
the 
extent provided 
in Title 
14, 
chapter 
741, 
as if that 
institution were a state agency and its employees and agents were 
state 
employees, 
for 
any 
acts 
taken 
to 
provide ,for 
the 
confinement or restraint of a person committed pursuant to this 
chapter or for participating in reporting under this chapter~ 
for engaging in any prescribed care within the meaning of this 
chapter in support of the State's response to a declared extreme 
public health emergency in accordance with the provisions of this 
chapter and Title 37-B, chapter 13, subchapter 2. 
Sec. 2. 24 MRSA §2904, as repealed and replaced by PL 1995, 
c. 625, Pt. C, §3, is repealed and the following enacted in its 
place: 
§2904. 
Immunity from civil liability for volunteer activities 
1. 
Health 
care 
practitioners. 
Notwithstanding 
any 
inconsistent provision of any public or private and special law, 
an individual is not liable for an injury or death arising from 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. fI .. to H.P. 623, L.D. 846 
medical services provided as described in this subsection unless 
the injury or death was caused willfully, wantonly or recklessly 
or by gross negligence of the individual if that individual is: 
A. 
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: 
(1) 
To a nonprofit organization; 
(2) 
To 
an 
agency of 
the 
State 
or 
any political 
subdivision of the State; 
(3) 
To 
members 
or 
recipients 
of 
services 
of 
a 
nonprofit organization or state or local agency; 
(4) 
To support the State's response to a public health 
threat as defined in Title 22, section 801, subsection 
.l..O.l. 
(5) 
To 
support the State's response to an extreme 
public health emergency as defined in Title 22, section 
801, subsection 4-A; or 
(6) 
To support the State's response to a disaster as 
defined in Title 37-B, section 703, subsection 2; or 
B. 
An emergency medical services' person who voluntarily, 
without the expectation or receipt of monetary or other 
compensation 
either 
directly 
or 
indirectly, 
provides 
emergency medical services within the scope of that person's 
licensure: 
(1) 
To support the State's response to a public health 
threat as defined in Title 22, section 801, subsection 
.l..O.l. 
(2) 
To 
support the State's response to an extreme 
public health emergency as defined in Title 22, section 
801, subsection 4-A; or 
(3) 
To support the State's response to a disaster as 
defined in Title 37-B, section 703, subsection 2. 
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, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "f}:: to H.P. 623, L.D. 846 
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 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 for professional services provided: 
A. 
To a nonprofit organization: 
B. 
To an agency of the State or any political subdivision 
of the State; 
C. 
To members or recipients of services of a nonprofit 
organization or state or local agency: 
D. 
To 
support the State's response to a 
public health 
threat as defined in Title 22, section 801, subsection 10; 
E. 
To support the State' s 
response to an extreme public 
health emergency 
as 
defined in Title 
22, 
section 
801, 
subsection 4-A; or 
F. 
To support the State's response to a disaster as defined 
in Title 37-B, section 703, subsection 2. 
The extended immunity under this subsection applies only if the 
licensed 
physician, 
podiatrist 
or 
dentist 
is 
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. 
3. 
Definitions. 
As 
used in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Dentist" 
means 
a 
person 
who 
practices 
dentistry 
according to the provisions of Title 32, section 1081. 
B. 
"Health care practitioner" has the same meaning as in 
section 2502. 
C. 
"Nonprofit organization" does not include a hospital. 
D. 
"Podiatrist" has 
the 
same 
meaning 
as 
in Title 
32, 
section 3551. 
E. 
"Emergency medical services' person" includes a first 
responder, as defined in Title 32, section 83, subsection 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .J0t to H.P. 623, L.D. 846 
13-A: a basic emergency medical technician, as defined in 
Title 
32, 
section 
83, 
subsection 
7: 
and 
an 
advanced 
emergency 
medical 
technician, 
as 
defined 
in Title 
32, 
section 83, subsection 1.' 
SUMMARY 
This 
amendment 
replaces 
the bill. 
It provides 
limited 
immunity from civil liability for health care practitioners and 
emergency medical 
services' 
persons 
who 
provide 
services 
in 
response to a public health threat. 
It repeals and replaces the 
current 
law 
concerning 
immunity 
from 
civil 
liability 
for 
volunteer activities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/02/03 ~ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD846 
An Act To Protect Health Care Practitioners Responding to Public 
Health Threats 
LR 1580(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
May decrease the number of civil suits filed in the court system. 
Fiscal Detail and Notes 
LR1580(2) - Fiscal Note - Page 1 of 1