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HB-4508, As Passed House, November 9, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4508

A bill to amend 1976 PA 390, entitled

"Emergency management act,"

by amending section 11 (MCL 30.411), as amended by 2002 PA 132.

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 ~~an employee~~ 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.

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 ~~shall~~ 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.

(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, registered nurse,

practical nurse, nursing student, dentist, veterinarian, or

~~paramedical person~~ pharmacist, pharmacist intern, or paramedic,

whether licensed in this or another state or by the federal

government or a branch of the armed forces of the United States, or

a ~~student nurse~~ medical resident undergoing training in a

licensed hospital in this or another state, that renders services

during a state of disaster 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, 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, regardless of

how or under what circumstances or by what cause those injuries are

sustained. The immunity granted by this subsection does not apply

in the event of a willful act or omission. If a civil action for

malpractice is filed alleging a willful act or omission resulting

in injuries, the services rendered that resulted in those injuries

shall be judged according to the standards required of persons

licensed in this state to perform those services.

(5) A licensed dentist, veterinarian, registered nurse,

practical nurse, ~~or licensed paramedical person~~ nursing student,

pharmacist, pharmacist intern, or paramedic, whether licensed in

this or another state or by the federal government or a branch of

the armed forces of the United States, or a ~~student nurse~~ medical

resident undergoing training in a licensed hospital in this or

another state, 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) 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.

(7) 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