§321-23.3  Volunteer emergency medicaldisaster response personnel.  (a)  All volunteer emergency medical disasterresponse personnel including:

(1)  Physicians;

(2)  Psychologists;

(3)  Nurses;

(4)  Emergency medical technicians;

(5)  Social workers;

(6)  Mobile intensive care technicians; and

(7)  Physician assistants

licensed in the State, or employed by a health carefacility, while engaged in the emergency response to a mass casualty event ordisaster condition, including participation during periods of mass casualty anddisaster management training, shall be deemed state employees or countyemployees, as the case may be, and shall have the powers, duties, rights, andprivileges of such in the performance of their duties as prescribed by or underthe authority of the governor or a county.

(b)  For the purposes of this section, anyphysician or physician assistant licensed in the State having privileges andcredentials at public or private health care facilities licensed in the State,shall be deemed as having credentials with the same medical staff privileges atother hospitals for the purpose of rendering professional medical care under amass casualty or disaster condition.

(c)  In the case of injury or death arising outof and in the performance of duty pursuant to this section, including dutyperformed during periods of training, all volunteer emergency medical disasterresponse personnel and their dependents shall be entitled to all of thebenefits provided in chapter 386, including medical services and supplies.  Inthe case of injury or death, no public official shall be excluded from coverageof chapter 386.  Benefits shall be based on average weekly wages set forth insection 386-51, or based on earnings from the usual employment of the person, orbased on earnings at the rate of $20 a week, whichever is most favorable to theclaimant.  Nothing in this section shall adversely affect the right of anyperson to receive any benefits or compensation under any act of Congress.

(d)  Except in cases of wilful misconduct, theState, any county, or any volunteer emergency medical disaster responsepersonnel engaged in the emergency response to a mass casualty event ordisaster condition pursuant to this section (including volunteers whoseservices are accepted by any authorized person), shall not be liable for thedeath of or injury to persons, or for damage to property, as a result of anyact or omission in the course of rendering professional medical care under amass casualty event or disaster condition.  No act or omission shall be imputedto the owner of any vehicle by reason of ownership thereof; provided thatnothing in this section shall preclude recovery by any person for injury ordamage sustained from the operation of any vehicle that may be insured undersection 41D-8 to the extent of the insurance.  Unless specifically provided,insurance effected under section 41D-8 shall not include coverage of such riskduring a disaster emergency period.

(e)  A physician assistant licensed in thisState or licensed or authorized to practice in any other United Statesjurisdiction, or who is credentialed as a physician assistant by a federalemployer who is responding to a need for medical care created by a publicemergency or a state or local disaster, may provide medical care that thephysician assistant is authorized to provide without physician supervision,pursuant to chapter 453, or with appropriate physician supervision that isavailable; provided that:

(1)  Any physician who supervises a physician assistantproviding medical care in response to a public emergency or state or localdisaster shall not be required to meet the requirements set forth in chapter453 for a supervising physician; and

(2)  No physician who supervises a physician assistantvoluntarily and gratuitously providing emergency care pursuant to thissubsection shall be liable for civil damages for any personal injuries whichresult from acts or omissions by the physician assistant providing emergencycare.

(f)  For the purposes of this section:

"Disaster condition" means a suddencatastrophic event that overwhelms natural order and causes loss of property orlife and exceeds or disrupts the capabilities of available medical resources toreceive and provide medical care within a community.

"Mass casualty event" means a numberof casualties generated more or less simultaneously, that exceeds the abilityto provide usual medical care including but not limited to an airplane crash,collapsed building, bombing, or hurricane. [L 1998, c 105, §1; am L 2009, c151, §11]

 

Revision Note

 

  This section was renumbered from §321-228.5.