An Act To Facilitate the Hiring of Healthcare Personnel During Emergency Circumstances
Maine Legislature, Session 122, LD 2036
Committee: judiciary
Amends: 22 MRSA §816

Legislative Document 
No. 2036 
S.P.783 
In Senate, February 28, 2006 
An Act To Facilitate the Hiring of Healthcare Personnel During 
Emergency Circumstances 
Reported by Senator STRIMLING of Cumberland for the Task Force to Study Maine's 
Homeland Security Needs pursuant to Resolve 2005, chapter 126, section 8 . 
. Reference to the Committee on judiciary suggested and ordered printed under Joint Rule 
218. 
. Printed on ... ~ycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §816, sub-§l-A is enacted to read: 
I-A. Healtbcare 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; a health emergency 
declared pursuant to section 802, subsection 2; 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. 
A. When hiring or engaging the services of a licensed health care worker that, at the 
time of hiring or engagement, is employed or privileged by any entity in any state, a 
private institution may rely upon the representation of that employing or privileging 
entity regarding appropriate screening of the worker, such as background 
investigation, primary source verification, credentialing or privileging. 
B. When hiring or engaging the services of a licensed health care worker that, at the 
time of hiring or engagement, is retired or unemployed, a private institution may rely 
upon the representation of the worker's most recent employer or privileging entity if 
that employment or privileging occurred within the previous 24 months. 
C. If an employer or privileging entity is unable to respond to the inquiries of a 
private institution due to a health emergency, an extreme public health emergency or 
a disaster, the private institution may rely on the licensed health care worker's 
representations regarding that worker's status or preemployment screening or 
privileging review. 
A private institution that complies with this subsection may hire or engage the services of 
a licensed health care worker and be deemed in compliance with all state licensing 
standards. 
SUMMARY 
This bill grants private institutions that hire or engage the services of licensed health 
care workers immunity from civil liability in the event of a declared health emergency, an 
extreme public health emergency or a disaster for any actions arising from allegations of 
inadequate investigation prior to their engagement, including, but not limited to, negligent 
hiring, credentialing or privileging, for services provided within the scope of such 
licensure. 
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