An Act To Support Health Care Providers during State Public Health Emergencies
Maine Legislature, Session 130, LD 1419
Committee: Judiciary
Sponsors: MOORE, STEWART
Amends: 24 MRSA §2904-A

Legislative Document
No. 1419
S.P. 469
In Senate, April 12, 2021
An Act To Support Health Care Providers during State Public 
Health Emergencies
Received by the Secretary of the Senate on April 8, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MOORE of Washington.
Cosponsored by Senator: STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24 MRSA §2904-A is enacted to read:
§2904-A.  Maine Public Health Emergency Health Care Response Liability Act
1.  Short title.  This section may be referred to as "the Maine Public Health Emergency 
Health Care Response Liability Act."
2.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Assisted housing program" means an assisted housing program licensed pursuant 
to Title 22, chapter 1663 or 1664.
B.  "Behavioral and developmental services facility" means an agency or facility 
providing services for children or adults with intellectual or developmental disabilities 
or autism governed by Title 34-B, chapters 5 and 6.
C.  "Covered person or entity" means an assisted housing program, behavioral and 
developmental services facility, dentist, emergency medical services person, health 
care facility, health care professional, home health care provider, hospice program or 
hospice provider, laboratory and pharmacist.
D.  "Dentist" means a person who is licensed to practice dentistry according to the 
provisions of Title 32, section 18371.
E.  "Emergency medical services person" means a person who is licensed by the 
Emergency Medical Services' Board under Title 32, chapter 2-B or a person who 
supports emergency medical care as an employee of such a person.
F.  "Health care facility" means a health care facility licensed pursuant to Title 22, 
chapter 405; an agency or facility providing mental health services licensed pursuant 
to Title 34-B, section 1203-A; an agency or facility providing children's mental health 
services governed by Title 34-B, chapter 15; and an approved public treatment facility, 
approved treatment facility or community service provider as defined in Title 5, section 
20003.
G.  "Health care professional" means a health care practitioner as defined in section 
2502, subsection 1-A and any person licensed, certified or otherwise qualified to 
provide direct care as an employee or contractor of any health care facility or any 
behavioral and developmental services facility.
H.  "Home health care provider" means a home health care provider licensed pursuant 
to Title 22, chapter 419.
I.  "Hospice program" or "hospice provider" means a hospice program or hospice 
provider licensed pursuant to Title 22, chapter 1681.
J.  "Laboratory" means a medical laboratory licensed by the State pursuant to Title 22, 
chapter 411.
K.  "Pharmacist" means an individual licensed pursuant to Title 32, chapter 117 to 
engage in the practice of pharmacy.
3.  Limitation on civil liability upon proclamation of civil emergency related to 
public health.  Except as provided in subsection 4, upon a declaration that a health 
emergency exists pursuant to Title 22, section 802, subsection 2, a declaration of an 
extreme public health emergency pursuant to Title 22, section 802, subsection 2-A or a 
declaration of a state of emergency related to public health pursuant to Title 37-B, section 
742, a covered person or entity is not liable for an injury or death arising from a health care 
service delivered during the declared emergency as long as:
A.  The health care service was affected by decisions or activities in response to 
treatment conditions resulting from the declared emergency; and
B.  The health care service was within the scope of the license, registration, certification 
or other documented qualification of the covered person or entity.
4.  Exception.  Subsection 3 does not apply if the injury or death was caused by an act 
or omission constituting willful, wanton or reckless conduct or by gross negligence of the 
covered person or entity.
Sec. 2.  Retroactivity.  This Act applies retroactively to March 15, 2020.
SUMMARY
This bill provides a limitation on civil liability to certain health care professionals, 
health care facilities, behavioral and developmental services facilities and emergency 
medical services persons in the event of a declared emergency related to public health.  The 
bill is retroactive to the beginning of the state of civil emergency declared by the Governor 
in response to the COVID-19 pandemic.