HOUSE Substitute For
SENATE BILL NO. 899
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
provider 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 in
subsection (6), who renders health care services during a state of disaster or state of emergency 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, in support of
this state's response to the state of disaster or state of emergency 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, the death or 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 or death occurs. The immunity granted by
this subsection does not apply in the event of an act or omission that is
willful misconduct or gross
negligence or constitutes intentional and
willful or criminal misconduct or intentional infliction of harm.
If a civil action for malpractice is filed alleging an act or omission that is
willful or gross negligence resulting in injuries, injury or death, the services rendered that resulted
in those injuries or death shall be
judged according to the standards required of persons licensed in this state to
perform those services.
(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) Notwithstanding any law to the contrary, during the
period which begins retroactive to March 10, 2020 and continues until January
1, 2021, the immunity granted under subsection (4) shall extend to any death of
or injury sustained by a person arising out of or as a result of any act or
omission by a health care provider or health care facility while engaging in 1
or more of the following activities, which shall constitute health care
services rendered in support of the state's response to the COVID-19 pandemic,
unless the act or omission constitutes willful misconduct,
gross negligence, intentional and willful criminal misconduct, or intentional
infliction of harm:
(a) The rendering of COVID-19-related health care services by
a health care provider or health care facility to an individual with presumed,
suspected, or confirmed COVID-19.
(b) The arrangement, scheduling, rescheduling, canceling, or
postponement of the rendering of health care services by a health care provider
or health care facility, including the decision to utilize telehealth or other
remote services in lieu of an in-person encounter, in reliance on or in
compliance with any administrative or governmental agency, division, or
department policy, rule, or directive, or any executive order or law regarding
health care services provided by a health care provider or health care
facility.
(c) Acts, omissions, or decisions made by a health care
provider or health care facility resulting from a shortage of necessary
resources, including, but not limited to, blood products, pharmaceuticals,
medical equipment, or staffing.
(8) (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.
(9) (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.
(10) Nothing in this section removes, supersedes, or limits
any immunity conferred by any other state or federal law, rule, policy,
executive order, directive, or procedure.
(11) (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 entities or organizations, including any administrators, executives,
supervisors, board members, trustees, employees, and volunteers of that entity
or organization:
(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) Facilities used as surge capacity for
any of the health care facilities described in this
subdivision.
(vi) Any other entity or organization
rendering health care services.
(d) "Health care provider" means 1 or more of the
following:
(i) An individual 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.
(ii) Emergency medical services personnel as defined in section 20904 of
the public health code, 1978 PA 368, MCL 333.20904.
(iii) Students, trainees, volunteers,
competency evaluated nursing assistants, and temporary nurse aides as
authorized under the Centers for Medicare and Medicaid Services COVID-19
emergency declaration blanket waivers for health care providers under section
1135 of the social security act, 42 USC 1320b-5, and any other licensed,
registered, or unlicensed individual otherwise authorized by law, executive
order, or directive of this state to render health care services, with or
without a license, during a state of emergency or state of disaster or the
period specified in subsection (7).
(e) "Health care services" means services provided
to an individual by a health care facility or health care provider regardless
of the location where those services are provided, including the provision of
health care services via telehealth or other remote method.
(f) "Willful misconduct" means conduct or a failure
to act that was intended to cause harm.