Bill Text: MI HB5751 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: health professionals; immunity from civil or criminal liability during a declared emergency; provide for certain health care workers. Amends sec. 11 of 1976 PA 390 (MCL 30.411).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-30 - Bill Electronically Reproduced 04/30/2020 [HB5751 Detail]
Download: Michigan-2019-HB5751-Introduced.html
HOUSE BILL NO. 5751
April 30, 2020, Introduced by Rep. Sheppard and
referred to the Committee on Judiciary.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 11 (MCL 30.411), as amended by 2005 PA 321.
the people of the state of michigan enact:
Sec. 11. (1) Personnel of disaster relief forces while
on duty are subject to all of the following provisions:
(a) If they are employees
of this state, they have the powers, duties, rights, privileges, and immunities
of and receive the compensation incidental to their employment.
(b) If they are employees
of a political subdivision of this state, regardless of where serving, they
have the powers, duties, rights, privileges, and immunities and receive the
compensation incidental to their employment.
(c) If they are not
employees of this state or a political subdivision of this state, they are
entitled to the same rights and immunities as provided by law for the employees
of this state. All personnel of disaster relief forces shall, while on duty, be
subject to the operational control of the authority in charge of disaster
relief activities in the area in which they are serving, and shall be reimbursed
for all actual and necessary travel and subsistence expenses.
(2) This state, any
political subdivision of this state, or the employees, agents, or
representatives of this state or any political subdivision of this state are
not liable for personal injury or property damage sustained by any person
appointed or acting as a member of disaster relief forces. This act does not
affect the right of a person to receive benefits or compensation to which he or
she may otherwise be entitled to under the worker's disability compensation act
of 1969, 1969 PA 317, MCL 418.101 to 418.941, any pension law, or any act of congress.Congress.
(3) This state or a
political subdivision of this state engaged in disaster relief activity is not
liable for the death of or injury to a person or persons, or for damage to
property, as a result of that activity. The employees, agents, or
representatives of this state or a political subdivision of this state and
nongovernmental disaster relief force workers or private or volunteer personnel
engaged in disaster relief activity are immune from tort liability to the
extent provided under section 7 of 1964 PA 170, MCL 691.1407. As used in this section,
"disaster relief activity" includes training for or responding to an
actual, impending, mock, or practice disaster or emergency.
(4) A person licensed to practice
medicine or osteopathic medicine and surgery or a licensed hospital, health care professional or a health care facility, whether
licensed in this or another state or by the federal government or a branch of
the armed forces Armed Forces of the United States, or an
individual listed described in subsection (6), who renders
services during a state of disaster declared by the governor and at the express or implied
request of a state official or agency or county or local coordinator or
executive body, under this act or
under a state of emergency declared under 1945 PA 302, MCL 10.31 to 10.33, in
support of this state's response to the state of disaster declared under this
act or under a state of emergency declared under 1945 PA 302, MCL 10.31 to
10.33, is considered an authorized disaster relief worker or
facility and is not liable for an injury sustained by a person by reason of
those services, regardless of how or under what circumstances or by what cause
those injuries are sustained. The immunity granted by this subsection does not
apply in the event of an act or omission that is willful or gross negligence.
If a civil action for malpractice is filed alleging an act or omission that is
willful or gross negligence resulting in injuries, the services rendered that
resulted in those injuries shall be judged according to the standards required
of persons licensed in this state to perform those services. The immunity granted to health care professionals and
health care facilities under this subsection due to this state's response to
the COVID-19 pandemic shall remain in effect through September 30, 2020.
(5) An individual listed
in subsection (6), during a state of disaster declared by the governor, may
practice, in addition to the authority granted by other statutes of this state,
the administration of anesthetics; minor surgery; intravenous, subcutaneous, or
intramuscular procedure; or oral and topical medication; or a combination of
these under the supervision of a member of the medical staff of a licensed
hospital of this state, and may assist the staff member in other medical and
surgical proceedings.
(6) Subsections (4) and
(5) apply to all of the following individuals:
(a) Any of the following,
if licensed in this or another state or by the federal government or a branch
of the armed forces Armed Forces of the United States:
(i) A registered nurse.
(ii) A practical
nurse.
(iii) A nursing student
acting under the supervision of a licensed nurse.
(iv) A dentist.
(v) A veterinarian.
(vi) A pharmacist.
(vii) A pharmacist
intern acting under the supervision of a licensed pharmacist.
(viii) A paramedic.
(b) A medical resident undergoing training in a licensed hospital
in this or another state.
(7) A person owning or controlling real estate or other
premises who voluntarily and without compensation grants to this state or a
political subdivision of this state a license or privilege, or otherwise
permits this state or a political subdivision of this state to inspect,
designate, and use the whole or any part or parts of the real estate or other
premises for the purpose of sheltering persons during an actual, impending,
mock, or practice disaster, together with his or her successors in interest, if
any, is not civilly liable for negligently causing the death of or injury to
any person on or about the real estate or premises under the license,
privilege, or permission or for loss or damage to the property of the person.
(8) A person owning or controlling real estate or other
premises who has gratuitously granted the use of the real estate or other
premises for the purposes stated in this section is legally obligated to make
known to the licensee any hidden dangers or safety hazards that are known to
the owner or occupant of the real estate or premises that might possibly result
in the death or injury or loss of property to a person using the real estate or
premises.
(9) As used in this section: , "gross
(a) "Disaster relief activity" includes training
for or responding to an actual, impending, mock, or practice disaster or
emergency.
(b) "Gross negligence" means conduct so reckless as
to demonstrate a substantial lack of concern for whether an injury results.
(c) "Health care facility" means 1 or more of the
following:
(i) A health facility or agency described in
section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(ii) State-owned surgical centers.
(iii) State-operated outpatient facilities.
(iv) State-operated veterans facilities.
(v) Entities used as surge capacity for any
of the entities described in this subdivision.
(d) "Health care professional" means a person
licensed, registered, or otherwise authorized to engage in a health profession
under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
