An Act To Facilitate the Hiring of Healthcare Personnel during Emergency Circumstances
Maine Legislature, Session 122, LD 2036
Committee Amendment CA_A_S615 (Senate)
Amends: 22 MRSA §816, 37-B MRSA §784-A

COMMITTEE AMENDMENT "A, to S.P. 783, L.D. 2036, Bill, "An Act To 
Facilitate the Hiring of Healthcare Personnel during Emergency Circumstances" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Facilitate the Hiring of Health Care Personnel during Emergency 
Circumstances' 
Further 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-§l-A is enacted to read: 
I-A. Health care workforce. A private institution is immune from civil penalties 
and liability for any actions arising from allegations of inadequate investigation prior to 
that institution's hiring or engagement of a licensed health care worker, including but not 
limited to allegations of negligent hiring, credentialing or privileging, for services 
provided within the scope of that health care worker's licensure in response to an extreme 
public health emergency as defined in section 801, subsection 4-A or a disaster as defined 
in Title 37-B, section 703, subsection 2 as long as the private institution hires or engages 
the services of the licensed health care worker in accordance with this subsection. When 
hiring or engaging the services of a health care worker: 
A. 
The private institution shall first make a reasonable attempt to contact the 
appropriate occupational or professional licensing board within or affiliated with the 
Department of Professional and Financial Regulation for any available information 
about that health care worker; and 
B. A private institution may rely on: 
(1) 
Information available from the occupational and professional licensing 
boards within or affiliated with the Department of Professional and Financial 
Regulation regarding appropriate screening of the worker, such as background 
investigation, primary source verification or credentialing; 
COMMITTEE AMENDMENT 
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II 
COMMITTEE AMENDMENT ,It to S.P. 783, L.D. 2036 
(2) The representation of a volunteer health care worker registry that is operated 
or certified in accordance with federal or state requirements regarding appropriate 
screening of the worker that is registered on that registry, such as background 
investigation, primary source verification or credentialing; 
(3) 
The representation of the employing or privileging entity regarding 
appropriate screening of the worker that, at the time of hiring or engagement, is 
employed or privileged by any entity in any state, such as background 
investigation, primary source verification, credentialing or privileging; or 
(4) The representation of a retired or unemployed worker's most recent employer 
or privileging entity if that employment or privileging occurred within the 
previous 24 months. 
A private institution that complies with this subsection may hire or engage the services of 
a licensed health care worker and is deemed in compliance with all state licensing 
standards. The private institution shall initiate the standard preemployment screening 
process within 48 hours of the official termination of the extreme public health 
emergency as defined in section 801, subsection 4-A or disaster as defined in Title 37-B, 
section 703, subsection 2. 
Sec. 2. 37-B MRSA §784-A, as enacted by PL 2001, c. 614, §18, is amended to 
read: 
§784-A. Right to call for and employ assistance 
The Maine Emergency Management Agency and local organizations for emergency 
management may employ any person considered necessary to assist with emergency 
management activities. All persons called and employed for assistance shall proceed as 
directed by the Maine Emergency Management Agency. 
Any person called and 
employed for assistance is deemed to be an employee of the State for purposes of 
immunity from liability pursuant to section 822 and for purposes of workers' 
compensation insurance pursuant to section 823, except for persons excluded from the 
definition of employee pursuant to Title 39-A, section 102, subsection 11. A health care 
worker licensed in this State, either designated by the Maine Emergency Management 
Agency to perform emergency management or health activities in this State in a declared 
disaster or civil emergency pursuant to section 742 or designated by the Maine 
Emergency Management Agency to render aid in another state under chapter 16, is 
deemed to be an employee of the State for purposes of immunity from liability pursuant 
to this section and section 926 and for purposes of workers' compensation insurance 
pursuant to sections 823 and 928, except for persons excluded from the definition of 
employee pursuant to Title 39-A, section 102, subsection II.' 
SUMMARY 
This amendment deletes from the extension of the immunity provided in the bill 
actions taken pursuant to the declaration of a health emergency declared by the 
Commissioner of Health and Human Services. 
This amendment requires private institutions, such as hospitals, to first check for 
information about a health care worker with the appropriate licensing board within or 
affiliated with the Department of Professional and Financial Regulation. It also extends 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A' to S.P. 783, L.D. 2036 
the immunity provided in the bill to private institutions that rely on the information 
provided by occupational and professional licensing boards that are within or affiliated 
with the Department of Professional and Financial Regulation. 
This amendment extends immunity provided in the bill to private institutions that rely 
on a registry that is operated or certified in accordance with federal requirements. 
This amendment deletes from the bill the private institution's immunity when relying 
on an individual's own representation of status, preemployment screening or privileging 
reVIew. 
This amendment requires that the licensing credentials confirmation process start 
within 48 hours ofthe end of the declared emergency or disaster. 
This amendment provides that a person licensed as a health care worker in the State is 
eligible for civil immunity and workers' compensation insurance coverage during the 
period the person engages in either an in-state or out-of-state emergency management 
response under the direction of the Maine Emergency Management Agency. 
The 
immunity and workers' compensation insurance provided are effective only during the 
period in which either a disaster or civil emergency declaration as declared pursuant to 
the Maine Revised Statutes, Title 37-B, section 742 or an emergency response pursuant to 
the Emergency Management Assistance Compact is in effect. In the event the volunteer 
health care worker participates in an emergency response within this State, the immunity 
provided is the same as that provided to public employees under the Maine Tort Claims 
Act. 
In the event the volunteer health care worker participates in an out-of-state 
emergency response by this State pursuant to the Emergency Management Assistance 
Compact, the volunteer is considered an agent of this State for purposes of civil liability. 
In the event of either an in-state or out-of-state emergency response, the volunteer health 
care worker is considered an employee of this State for purposes of workers' 
compensation insurance coverage. 
FISC AL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/07/06 fr~c 
122nd MAINE LEG ISLA TURE 
LD 2036 
LR 3141(02) 
An Act To Facilitate the Hiring of Healthcare Personnel during Emergency Circumstances 
Fiscal Note for BiII as Amended by Committee Amendment ,A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
This bill may decrease the number of civil suits filed in the court system. 
Reductions in the collection of filing fees may decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the occupational and professional licensing boards within or affiliated with the Department of 
Professional and Financial Regulation associated with providing the available information can be absorbed within 
existing budgeted resources. 
LR3141 (2) - Fiscal Note - Page I of 1