| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 24 MRSA §2904, sub-§§1 and 2, as enacted by PL 1995, c. 625, | | Pt. C, §3, are amended to read: |
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| | | 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. |
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| | | 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. |
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| | | Sec. 3. 24 MRSA §2904, sub-§3, ķA-1 is enacted to read: |
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| | | 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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