HB-4508, As Passed Senate, December 13, 2005

SENATE 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.

     (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  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, dentist, veterinarian, or paramedical person,

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 undergoing training in a licensed hospital in

this or another state, that  or an individual listed in subsection

(6), who 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  an act or omission that is willful or gross negligence.

If a civil action for malpractice is filed alleging  a willful  an

act or omission that is willful or gross negligence 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, 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

undergoing training in a licensed hospital in this or another state

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 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)  (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.

(8)  (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

injury or loss of property to a person using the real estate or

premises.

     (9) As used in this section, "gross negligence" means conduct

so reckless as to demonstrate a substantial lack of concern for

whether an injury results.