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HOUSE DOCKET, NO. 2582 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2174
The Commonwealth of Massachusetts
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PRESENTED BY:
Sean Garballey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to liability protection for disaster volunteers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023David Henry Argosky LeBoeuf17th Worcester1/24/2023James C. Arena-DeRosa8th Middlesex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Erika Uyterhoeven27th Middlesex2/2/2023Margaret R. Scarsdale1st Middlesex2/6/2023Jon Santiago9th Suffolk2/6/2023Paul McMurtry11th Norfolk2/8/2023Denise C. Garlick13th Norfolk2/15/2023Simon Cataldo14th Middlesex2/22/2023 1 of 2
HOUSE DOCKET, NO. 2582 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2174
By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 2174) of
Sean Garballey and others relative to liability protection for disaster volunteers. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2293 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to liability protection for disaster volunteers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 112 of the General Laws is hereby amended by adding the
2following sections:-
3 Section 12C ½. Whereas licensed registered nurses are critical, necessary volunteers in
4disasters and emergencies occurring in the commonwealth, in order to provide for community
5need, as volunteers they require protection from the commonwealth for licensure board
6discipline; for civil and/or criminal liability and/or prosecution for injury or harm caused to a
7patient cared for while serving as a volunteer; and for protection from injury or harm he/she
8personally suffers during the course or as a result of his/her volunteer service.;
9 (a) As used in this section, the following words, shall, unless the context clearly requires
10otherwise, have the following meanings:- 2 of 2
11 “Disaster”, an emergency detrimental to the public health declared by the governor of the
12commonwealth of Massachusetts under section 2A of Chapter 17; a state of emergency declared
13by the governor under chapter 639 of the Acts of 1950 (“Civil Defense Act”); and/or a public
14health incident where local public health authorities have issued a request for volunteers because
15local resources have been or are expected to be exhausted or are insufficient.
16 “Patient'', an individual who receives health services from a licensed registered nurse
17during a declared disaster or emergency.
18 “Volunteer”, a licensed registered nurse in good standing who volunteers his/her services
19in a disaster or emergency without compensation or expectation of payment.
20 (b) A registered nurse licensed in the commonwealth of Massachusetts with no
21encumbrance on his/her license who provides oversight or direct care to patients who are victims
22of a disaster or emergency declared by the governor of the commonwealth of Massachusetts or
23local public health authorities is not subject to licensure board discipline under sections 74 to
2481C of chapter 112 of the general laws, or to civil or criminal liability or prosecution for any
25injury or harm that results from any act or omission that does not amount to criminal negligence:
26 (c) A volunteer as defined in subsection (a) who sustains injury, disability or who dies
27while serving as a volunteer shall be construed to be an employee of the commonwealth and
28shall be compensated in like manner as state employees are compensated under the provisions of
29sections 69 through 75 of chapter 152 of the general laws.