FOR APPROVAL
AMENDMENTS TO UNIFORM EMERGENCY VOLUNTEER HEALTH
PRACTITIONERS ACT
(RESERVED SECTIONS 11 AND 12)
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
MEETING IN ITS ONE-HUNDRED-AND-SIXTEENTH YEAR
PASADENA, CALIFORNIA
JULY 27 - AUGUST 3, 2007
AMENDMENTS TO UNIFORM EMERGENCY VOLUNTEER HEALTH
PRACTITIONERS ACT
(RESERVED SECTIONS 11 AND 12)
UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS
ACT
(a) Subject to subsection (c), a volunteer health
practitioner who provides health or veterinary services pursuant to this [act]
is not liable for damages for an act or omission of the practitioner in
providing those services.
(b) No person is vicariously liable for damages
for an act or omission of a volunteer health practitioner if the practitioner
is not liable for the damages under subsection (a).
(c) This section does not limit the liability of
a volunteer health practitioner for:
(1) willful misconduct or wanton, grossly
negligent, reckless, or criminal conduct;
(4) a claim asserted by a host entity or by an
entity located in this or another state which employs or uses the services of
the practitioner; or
(5) an act or omission relating to the operation
of a motor vehicle, vessel, aircraft, or other vehicle.
(d) A person that, pursuant to this [act], operates,
uses, or relies upon information provided by a volunteer health practitioner
registration system is not liable for damages for an act or omission relating
to that operation, use, or reliance unless the act or omission is an
intentional tort or is willful misconduct or wanton, grossly negligent,
reckless, or criminal conduct.
[(e) In addition to the protections
provided in subsection (a), a volunteer health practitioner providing health or
veterinary services pursuant to this [act] is entitled to all the rights,
privileges, or immunities provided by [cite state act].]
(a) Subject to subsection (b), a volunteer health
practitioner who does not receive compensation that exceeds [$500] per year for
providing health or veterinary services pursuant to this [act] is not liable
for damages for an act or omission of the practitioner in providing those
services. Reimbursement of, or allowance
for, reasonable expenses, or continuation of salary while on leave, is not
compensation under this subsection.
(b) This section does not limit the liability of
a volunteer health practitioner for:
(1) willful misconduct or wanton, grossly
negligent, reckless, or criminal conduct;
(4) a claim asserted by a host entity or by an
entity located in this or another state which employs or uses the services of
the practitioner; or
(5) an act or omission relating to the operation
of a motor vehicle, vessel, aircraft, or other vehicle.
(c) A person that, pursuant to this [act], operates,
uses, or relies upon information provided by a volunteer health practitioner
registration system is not liable for damages for an act or omission relating
to that operation, use, or reliance unless the act or omission is an
intentional tort or is willful misconduct or wanton, grossly negligent,
reckless, or criminal conduct.
[(d) In addition to the protections
provided in subsection (a), a volunteer health practitioner providing health or
veterinary services pursuant to this [act] is entitled to all the rights,
privileges, or immunities provided by [cite state act].]
(a)
In this section, “injury” means a physical or mental injury or disease
for which an employee of this state who is injured or contracts the disease in
the course of the employee’s employment would be entitled to benefits under the
workers’ compensation [or occupational disease] law of this state.
(b) A volunteer health practitioner who provides
health or veterinary services pursuant to this [act] and who is not otherwise
eligible for benefits for injury or death under the workers’ compensation [or
occupational disease] law of this or another state may elect to be deemed an
employee of this state for the purpose of receiving such benefits by making a
claim in accordance with the workers’ compensation [or occupational disease]
law of this state.
(c) The [name of appropriate governmental agency]
shall adopt rules, enter into agreements with other states, or take other
measures to facilitate the receipt of benefits for injury or death under the workers’
compensation [or occupational disease] law of this state by volunteer health
practitioners who reside in other states, and may waive or modify requirements
for filing, processing, and paying claims that unreasonably burden the
practitioners. To promote uniformity of
application of this [act] with other states that enact similar legislation, the
[name of appropriate governmental agency] shall consult with and consider the
approaches to filing, processing and paying claims taken by agencies with
similar authority in other states.
Legislative Note:
The bracketed term "occupational disease” should not be used in
states that do not have specific occupational disease laws.