Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1461

Introduced
2/16/23  

Caption

Relative to liability protection for disaster volunteers

Impact

The bill introduces explicit definitions for key terms such as 'disaster', 'patient', and 'volunteer', establishing a framework for understanding the circumstances under which registered nurses may operate as volunteers. It stipulates that nurses who provide care during declared emergencies will not face licensure board discipline or legal repercussions for any actions that do not involve criminal negligence. This provision aims to encourage more healthcare professionals to step forward and offer their services during emergencies without the fear of personal legal consequences.

Summary

Senate Bill S1461, titled 'An Act relative to liability protection for disaster volunteers', proposes to amend Massachusetts General Laws to enhance legal protections for registered nurses volunteering in disaster and emergency situations. The bill aims to address the legal vulnerabilities faced by volunteer nurses who provide critical health services during times of crisis, ensuring that they are shielded from civil and criminal liability for actions taken within the scope of their volunteer work. This amendment is significant as it recognizes the essential role that these healthcare professionals play in emergency response scenarios.

Contention

While the bill garners support from various stakeholders in the healthcare community, it may raise concerns around the definition of negligence and the extent of legal protections. Critics might argue about the adequacy of these protections, questioning whether they might inadvertently shield negligent actions or diminish accountability among healthcare providers. Additionally, the implications of categorizing volunteer nurses as 'employees of the commonwealth' for compensation purposes may spark discussions about eligibility for benefits and liability coverage, particularly as it relates to existing employment law.

Notable_points

Overall, S1461 seeks to streamline the legal framework governing the actions of healthcare volunteers in disaster situations. If enacted, this legislation may motivate more registered nurses to offer their services during critical times, thereby enhancing public health response efforts in Massachusetts. However, continued dialogue will be necessary to address any potential loopholes or unintended consequences related to this new legal provision.

Companion Bills

MA H2174

Similar To Relative to liability protection for disaster volunteers

MA S2648

Replaced by Order relative to authorizing the joint committee on Public Health to make an investigation and study of certain current Senate documents relative to public health matters.

Previously Filed As

MA H2174

Relative to liability protection for disaster volunteers

MA HB746

Relating to the registration of volunteer health practitioners and the services of volunteer health practitioners during disasters.

MA SB6

Relating to liability for certain claims arising during a pandemic or disaster related to a pandemic.

MA HB3659

Relating to liability for certain claims arising during a pandemic or other disaster or emergency.

MA HB84

AN ACT relating to liability protection in emergencies.

MA S1463

Relative to public safety and public health worker protections

MA S1583

To promote business continuity and recovery after a disaster

MA SB222

Climate disasters: civil actions.

MA HB540

Relating To Liability.

MA SB1049

REAADI for Disasters Act Real Emergency Access for Aging and Disability Inclusion for Disasters Act

Similar Bills

No similar bills found.