CHAPTER 438

H.P. 623 - L.D. 846

An Act To Protect Health Care Practitioners Responding

to Public Health Threats

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §816, sub-§1, as enacted by PL 1989, c. 487, §11, is amended to read:

1. For private institutions. Any private institution, its employees or agents shall be 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, or 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Sec. 2. 24 MRSA §2904, as repealed and replaced by PL 1995, c. 625, Pt. C, §3, is repealed and the following enacted in its place: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

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: