TORT IMMUNITY FOR PHARMACISTS AND  INTERNS DURING A STATE OF DISASTER

House Bill 4508

Sponsor:  Rep. Roger Kahn

Committee:  Judiciary

Complete to 10-31-05

A SUMMARY OF HOUSE BILL 4508 AS INTRODUCED 3-17-05

Under certain criteria, certain medical professionals who render services during a state of declared emergency are considered to be authorized disaster relief workers and therefore not liable for an injury sustained by a person as a result of performing those services.  The civil immunity does not apply to injuries caused by a willful act or omission.

House Bill 4508 would amend the Emergency Management Act to include pharmacists and pharmacist interns in the list of medical professionals to whom the civil immunity applies.  Currently, this provision applies to a licensed physician, registered or practical nurse, dentist, veterinarian, or paramedic.  The bill would also include pharmacists and pharmacist interns in a provision allowing the same medical professionals to perform, during the state of disaster, some medical procedures under the supervision of medical staff of a licensed hospital.  The procedures include the administration of anesthetics; minor surgery; intravenous, subcutaneous, or intramuscular procedure; or oral and topical medication. 

MCL 30.411

 

FISCAL IMPACT:

The bill would have no fiscal implications for the state or local units of government. 

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.