Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1461 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 552 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1461
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael F. Rush
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to liability protection for disaster volunteers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and SuffolkPaul R. FeeneyBristol and Norfolk1/27/2023Paul McMurtry11th Norfolk2/2/2023Michael O. MooreSecond Worcester2/2/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023 1 of 2
16	16	SENATE DOCKET, NO. 552 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1461
18	18	By Mr. Rush, a petition (accompanied by bill, Senate, No. 1461) of Michael F. Rush, Paul R.
19	19	Feeney, Paul McMurtry, Michael O. Moore and others for legislation relative to liability
20	20	protection for disaster volunteers. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1521 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to liability protection for disaster volunteers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2014 Official Edition,
32	32	2is hereby amended by adding the following sections:-
33	33	3 Section 12C ½. Whereas licensed registered nurses are critical, necessary volunteers in
34	34	4disasters and emergencies occurring in the commonwealth, in order to provide for community
35	35	5need, as volunteers they require protection from the commonwealth for licensure board
36	36	6discipline; for civil and/or criminal liability and/or prosecution for injury or harm caused to a
37	37	7patient cared for while serving as a volunteer; and for protection from injury or harm he/she
38	38	8personally suffers during the course or as a result of his/her volunteer service.; 2 of 2
39	39	9 (a) As used in this section, the following words, shall, unless the context clearly requires
40	40	10otherwise, have the following meanings:-
41	41	11 “Disaster”, an emergency detrimental to the public health declared by the governor of the
42	42	12commonwealth of Massachusetts under section 2A of Chapter 17; a state of emergency declared
43	43	13by the governor under chapter 639 of the Acts of 1950 (“Civil Defense Act”); and/or a public
44	44	14health incident where local public health authorities have issued a request for volunteers because
45	45	15local resources have been or are expected to be exhausted or are insufficient.
46	46	16 “Patient'', an individual who receives health services from a licensed registered nurse
47	47	17during a declared disaster or emergency.
48	48	18 “Volunteer”, a licensed registered nurse in good standing who volunteers his/her services
49	49	19in a disaster or emergency without compensation or expectation of payment.
50	50	20 (b) A registered nurse licensed in the commonwealth of Massachusetts with no
51	51	21encumbrance on his/her license who provides oversight or direct care to patients who are victims
52	52	22of a disaster or emergency declared by the governor of the commonwealth of Massachusetts or
53	53	23local public health authorities is not subject to licensure board discipline under sections 74 to
54	54	2481C of chapter 112 of the general laws, or to civil or criminal liability or prosecution for any
55	55	25injury or harm that results from any act or omission that does not amount to criminal negligence:
56	56	26 (c) A volunteer as defined in subsection (a) who sustains injury, disability or who dies
57	57	27while serving as a volunteer shall be construed to be an employee of the commonwealth and
58	58	28shall be compensated in like manner as state employees are compensated under the provisions of
59	59	29sections 69 through 75 of chapter 152 of the general laws.