LD 846
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LD 846 Title Page An Act To Protect Health Care Practitioners Responding to Public Health Threats... Page 2 of 2
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LR 1580
Item 1

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

 
Sec. 1. 24 MRSA §2904, sub-§§1 and 2, as enacted by PL 1995, c. 625,
Pt. C, §3, are amended to read:

 
1. Health care practitioners. Notwithstanding any
inconsistent provision of any public or private and special
law, a licensed health care practitioner who voluntarily,
without the expectation or receipt of monetary or other
compensation either directly or indirectly, provides
professional services within the scope of that health care
practitioner's licensure to a nonprofit organization or to an
agency of the State or any political subdivision of the State
or; to members or recipients of services of that organization
or state or local agency; or in support of the State's
response to a public health threat as defined in Title 22,
section 801, subsection 10, an extreme public health emergency
or a disaster as defined in Title 37-B, section 703,
subsection 2 is not liable for an injury or death arising from
those services unless the injury or death was caused
willfully, wantonly, recklessly or by gross negligence of the
health care practitioner.

 
2. Retired physicians, podiatrists and dentists.
Notwithstanding any inconsistent provision of any public or
private and special law, a licensed physician, podiatrist or
dentist who has retired from practice and who voluntarily,
without the expectation or receipt of monetary or other
compensation either directly or indirectly, provides
professional services within the scope of that physician's,
podiatrist's or dentist's licensure to a nonprofit
organization or to an agency of the State or any political
subdivision of the State or; to members or recipients of
services of that organization or state or local agency; or in
support of the State's response to a public health threat as
defined in Title 22, section 801, subsection 10, an extreme
public health emergency or a disaster as defined in Title 37-
B, section 703, subsection 2 is not liable for an injury or
death arising from those services unless the injury or death
was caused willfully, wantonly or recklessly by the physician,
podiatrist or dentist. This extended immunity applies only if
the licensed physician, podiatrist or dentist retired from
practice, possessed an unrestricted license in the relevant
profession and had not been disciplined by the licensing board
in the previous 5 years at the time of the act or omission
causing the injury.

 
Sec. 3. 24 MRSA §2904, sub-§3, ķA-1 is enacted to read:

 
A-1.__"Extreme public health emergency" means the
occurrence or imminent threat of widespread exposure to a
highly infectious or toxic agent that poses an imminent
threat of substantial harm to the population of the State;


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