MAA Legal Authorities Quick Questionnaire Please assist MAA by providing brief answers to the short questionnaire, below, for your state. Answers can be as simple as yes, no, or has not been determined in my state. If applicable, please give cites for follow-up and sharing with your colleagues. 1. DEFINITIONS OF EMERGENCY SITUATIONS: How are emergency situations defined in your state laws/regulations/policies? Emergencies are called disasters in Colorado statute, and are defined as follows: Disaster means the occurrence or imminent threat of widespread or severe damage, or loss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous substance incident, oil spill or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, hostile military or paramilitary action, or a condition of riot, insurrection, or invasion existing in the state or in any county, city, town or district of the state. C.R.S. 24-32-2103(1.5), (2004). Iowa: Disaster" is defined in Iowa code sections 29C.2 and 29C.6, and "public health disaster" is defined in Iowa Code section 135.140(7). Authorities during a public health disaster are contained in Iowa code section 135.144. Kansas: "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, epidemics, contagious or infectious disease, air contamination, blight, drought, infestation, explosion, riot, terrorism or hostile military or paramilitary action. KSA 48-904(d). Missouri: Section 44.010(5), RSMo defines an emergency as one declared by the governor or by resolution of the General Assembly upon the actual occurrence of a natural or manmade disaster of major proportions within this state when the safety and welfare of the inhabitants of this state are jeopardized. Montana: Section 10-3-103 MCA (3) Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high 1
water, floods, wave action, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination requiring emergency action to avert danger or damage, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radiation byproducts or other hazardous materials, bioterrorism, or incidents involving weapons of mass destruction. (6) Emergency means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize. Nebraska: We have used non-emac situation to mean a situation in which no proclamation/declaration of emergency has been made by the Governor pursuant to Nebraska s Emergency Management Act. Other statutes and compacts use emergency in a less specific sense and allow response to emergency situations that vary from normal even in the absence of a Governor-declared emergency. In the EMAC-NEMA sense, emergency means any event or the imminent threat thereof causing serious damage, injury, or loss of life or property resulting from any natural or manmade cause which, in the determination of the Governor or the principal executive officer of a local government, requires immediate action to accomplish the purpose of the Emergency Management Act and to effectively respond to the event or threat of the event. See the Nebraska Emergency Management Act generally (Neb. Rev. Stat. 81-829.36 to 81-829.75) and particularly Neb. Rev. Stat. 81-829.39(3) also Title 67 Neb. Admin. Code, ch. 7 7-002.02 SDCL 33-15-1(3) defines "Emergency" as "any natural, nuclear, man-made, war-related or other catastrophe producing phenomena in any part of the state which in the determination of the Governor requires the commitment of less than all available state resources to supplement local efforts of political subdivisions of the state to save lives and to protect property, public health, and safety or to avert or lessen the threat of a disaster" SDCL 34-22-41 defines "Public health emergency" as "... an occurrence or imminent threat of an illness, health condition, or widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to the affected population" Public Health Utah Code Annotated (hereafter UCA) Sections 26-23b-102, and general provisions found in 26-1-12 and 26-1-30 rules and policies have been adopted to support these statutes 2
Utah Department of Emergency Management and EMAC UCA 53-2-101 to 109 Governor s Emergency Authority UCA 63-5-1 to 6; 63-5a-1 to -11 Wyo Stat. 35-4-115(a)(i), W.S. 35-9-152 2. DECLARATION OF EMERGENCY(IES): Who in your state has authority to declare an emergency? The Governor: A disaster emergency shall be declared by executive order or proclamation of the governor if the governor finds a disaster has occurred or that this occurrence or the threat thereof is imminent. C.R.S. 24-32-2104(4), (2004). Once a disaster emergency is declared, the Governor has the following powers: (a) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency. (b) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency. (c) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services. (d) Subject to any applicable requirements for compensation under section 24-32-2111, commandeer or utilize any private property if the governor finds this necessary to cope with the disaster emergency. (e) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster mitigation, response or recovery. (f) Prescribe routes, modes of transportation, and destinations in connection with the evacuation. (g) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein. 3
(h) (i) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles. Make provision for the availability and use of temporary emergency housing. C.R.S. 24-32-2104(7)(a), (2004). There is a lesser ability on the part of the principal executive officer of a local political subdivision to declare a local disaster emergency, and this activates the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans, and authorizes the furnishing of aid and assistance under such plans. C.R.S. 24-32-2109, (2004). Such a declaration does not trigger the use of the Governor s emergency powers as described in C.R.S. 24-32-2104(7)(a) above. Iowa: The governor Kansas: The governor has the power to declare a disaster emergency. KSA 48-924(b). A state of local disaster emergency may be declared by the chairman of the board of county commissioners of any county, or by the mayor or other principal executive officer of each city of this state having a disaster emergency plan, upon a finding by such officer that a disaster has occurred or the threat thereof is imminent within such county or city. KSA 48-932(a). In the absence or incapacity of the chairman of the board of county commissioners, the board of county commissioners may declare a local disaster emergency. In the absence of the mayor or other principal executive officer, the governing body of a city may declare a local disaster emergency, KSA 48-932(b). Missouri: The Governor and the General Assembly. Section 44.022.3(4), RSMo permits the Governor to delegate any administrative authority conferred under the statutes governing emergency management, which would presumably include the authority to declare an emergency. Section 192.460, RSMo, found in the statutory sections on Radiation Control also provides that when the Department of Health finds an emergency exists requiring immediate action to protect the public health or welfare, it may issue an order reciting the existence of an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Montana: The Governor, pursuant to Section 10-3-104 (3) MCA. Nebraska: Pursuant to Neb. Rev. Stat. 81-829.40(3) the Governor can proclaim a state-wide or localized emergency and sign a proclamation. This formalizes the state response and places all available state government and local political subdivision in the control of the 4
Governor. The Governor has the authority to delegate or assign the exercise of that authority. Neb. Rev. Stat. 81-829.50(1) provides that a local emergency may be declared by the principal executive officer of a local government The Governor has authority to declare an emergency per SDCL 33-15-8. The Secretary of Health, with the consent of the Governor, has authority to declare a public health emergency per SDCL 34-22-42. General Emergencies Governor or successive authority. UCA 63-5a-3; 63-5b-101 et seq. Public Health Emergency Executive Director of State Health Department w/ Governor concurrence. UCA 26-23b- 104 (3)(a) Governor: W.S. 35-4-115(a)(i), W.S. 19-13-104 3. PLANNING & INFORMATION SHARING: In the absence of a declared emergency (a non-emac situation), do your statutes/regulations/policies permit planning and information sharing with other states? Pursuant to disease control statutes, the state and local health department can share data concerning the investigation of epidemic and communicable diseases, but can only share personally identifying information when necessary for the treatment, control, investigation and prevention of diseases and conditions dangerous to the public health. C.R.S. 25-1-122(4), (2004). Regulations require that the local jurisdictions enter into mutual aid agreement with all other local jurisdictions that promises to render aid in the event of an emergency epidemic. 6 CCR 1009-5, Reg. 1.2. There is no definition of emergency epidemic ; thus, the mutual aid agreements are not limited to implementation only in the event of a declared disaster emergency. Iowa: Yes. Iowa Code chapters 28E and 28D discuss planning and sharing of services and personnel between states in the absence of a declared emergency, and Iowa Code section 135.145 addresses information sharing of confidential information. 5
Kansas: No statute has been located that would prohibit planning and sharing with other states information that is not otherwise confidential or restricted. The adjutant general is authorized to cooperate with emergency management agencies or councils and similar organizations of other states and to do all acts and things, not inconsistent with law, for furtherance of emergency management activities. KSA 48-907(c), (i). Missouri: Section 44.010(8), RSMo defines Emergency resources planning and management as planning for, management and coordination of national, state and local resources, however, that term is not used again in the statutes dealing with emergency management functions. Sections 70.837 and 320.090, RSMo permit fire departments and other public safety agencies (including emergency medical services, political subdivisions, police or sheriff s departments and public works departments) to provide assistance to any other such agency in the state or a bordering state during the time of a significant emergency such as a fire, earthquake, flood, tornado, hazardous material incident or other such disaster. Montana: 10-3-101 MCA (6) authorizes and provides for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; Section 10-3-105 MCA (4) states the Disaster and Emergency Services Division of the Montana Department of Military Affairs shall: (g) develop or assist in the development of mutual aid plans and agreements between the federal government, other states, and Canada and among the political subdivisions of this state; Montana also has one of the broadest Constitutional provisions in the nation concerning the right to know. Article II, Section 9 Constitution of Montana, Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure. Montana s Constitutional provision concerning right of privacy is as follows: Article II, Section 10. Right of privacy. The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest. Planning activities are clearly condoned. The right of privacy can outweigh the need to disclose and must be weighed on a case by case basis. 6
Nebraska: Yes, a. The Emergency Management Assistance Compact, Articles I & III provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. See Neb. Rev. Stat. A1-124. b. It shall be the duty of each party state in the Civil Defense and Disaster Compact to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. See Neb. Rev. Stat. A1-109 c. Neb. Rev. Stat. 71-503.01. provides: Whenever any statute of the state, any ordinance or resolution of a municipal corporation or political subdivision enacted pursuant to statute, or any rule or regulation of an administrative agency adopted and promulgated pursuant to statute requires medical practitioners or other persons to report cases of communicable diseases, including sexually transmitted diseases and other reportable diseases, illnesses, or poisonings or to give notification of positive laboratory findings to the Department of Health and Human Services Regulation and Licensure or any county or city board of health, local health department established pursuant to sections 71-1626 to 71-1636, city health department, local health agency, or state or local public official exercising the duties and responsibilities of any board of health or health department, such reports or notifications and the resulting investigations shall be confidential except as provided in this section, shall not be subject to subpoena, and shall be privileged and inadmissible in evidence in any legal proceeding of any kind or character and shall not be disclosed to any other department or agency of the State of Nebraska, except that such information shall be shared with the immunization program within the Department of Health and Human Services which maintains staff and programs specifically designed for the surveillance, prevention, education, and outbreak control of diseases preventable through immunization. In order to further the protection of public health, such reports and notifications may be disclosed by the Department of Health and Human Services Regulation and Licensure, the official local health department, and the person making such reports or notifications to the Centers for Disease Control and Prevention of the Public Health Service of the United States Department of Health and Human Services or its successor in such a manner as to ensure that the identity of any individual cannot be ascertained. To further protect the public health, the Department of Health and Human Services Regulation and Licensure, the official local health department, and the person making the report or notification may disclose to the official state and 7
local health departments of other states, territories, and the District of Columbia such reports and notifications, including sufficient identification and information so as to ensure that such investigations as deemed necessary are made. The appropriate board, health department, agency, or official may: (1) Publish analyses of such reports and information for scientific and public health purposes in such a manner as to ensure that the identity of any individual concerned cannot be ascertained; (2) discuss the report or notification with the attending physician; and (3) make such investigation as deemed necessary. Any medical practitioner, any official health department, the Department of Health and Human Services Regulation and Licensure, or any other person making such reports or notifications shall be immune from suit for slander or libel or breach of privileged communication based on any statements contained in such reports and notifications. Yes, per SDCL 33-15-2(3), 33-15-3, 33-15-9, 33-15-10, 33-15-11, 33-15-11.5, 33-15- 11.6, 33-15-13, 33-15-16, 33-15-35, 33-15-48. No, however, Utah statutes address ability to release information to other states. UCA 63-2-206; Medical info, 26-3-7(5); 26-6-27(2)(c). W.S. 19-13-103(b), W.S. 19-13-404 4. SHARING OF LABORATORY SERVICES: In a non-emac situation, can your state exchange laboratory services with another state? Colorado does not certify laboratory technicians, so there are no obstacles to bringing in lab technicians from other states to assist us, or sending lab technicians to assist another state. Iowa: Yes, see response to # 3 Kansas: No statute has been located that would prohibit exchanging laboratory services with another state in a non-emac situation. Missouri: Missouri laws are silent on this issue. 8
Montana: Insofar as personnel, funding and resources are available, Montana s laboratory can exchange services. Nebraska: Yes, The Emergency Management Assistance Compact shall provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Neb. Rev. Stat. A1-124 Yes, per SDCL 33-15-2(3), 33-15-3, 33-15-9, 33-15-9.1, 33-15-10, 13-15-11(2), 33-15-13, 33-15-35, 33-15-48. No Possibly: W.S. 19-13-201 et seq. 5. SHARING OF EQUIPMENT AND SUPPLIES: In a non-emac situation, can your state exchange equipment and supplies with another state? Colorado has no state statutes or regulations that speak to this issue. Sharing of vaccine can be attempted if the need arises. Iowa: Yes, see response to # 3 Kansas: N statute has been located that would prohibit exchanging equipment and supplies with another state in a non-emac situation. Missouri: Pursuant to sections 70.837 and 320.090, RSMo fire departments and public safety agencies would be permitted to share equipment and supplies with another state in a nondeclared emergency. Montana: In the absence of declared disaster or emergency (non-emac situation), there does not appear to be any provision concerning sharing of equipment and supplies. 9
Nebraska: Yes. [See Sarah s answer below. Further, Roger Brink and Darrell Klein had a conversation with a state officer (probably in Emergency Management) in connection with BT response and were informed there are existing agreements detailing the equipment available and the cost. We will attempt to recover this information as soon as possible and augment our answer]. The Emergency Management Assistance Compact shall provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Neb. Rev. Stat. A1-124 Yes, same as #4 above. Emergency Medical Services and Paramedics. UCA 26-8a-309(3) Possibly: W.S. 19-13-201 et seq. and 19-13-109 6. USE OF OUT-OF STATE LICENSED PERSONNEL: In a non-emac situation, do your statutes/regulations/policies permit the use in your state of personnel who are only licensed in another state? If so, do they include a process for reviewing the qualifications/credentials of those licensed personnel? No. For example, physicians licensed only in another state are limited in their practice of medicine to gratuitous rendering of services in cases of emergency or occasional consultation. C.R.S. 12-36-106(3)(a) and (b), (2004). Iowa: Some exemptions in Iowa law may authorize out of state licensees to practice in Iowa in a non-emac situation. Follow up is needed with each of these licensing boards to discuss how exemptions are or would be construed: Doctors - Iowa code section 148.2(3), 148.2(5) Physical therapists - Iowa Code section 148A.3(3) Occupational therapists - Iowa Code section 148B.3(5) Physician assistants - Iowa Code section 148C.4(2) Chiropractors - Iowa Code section 151.2(2) 10
Nurses - nursing compact, Iowa Code chapter 152E Respiratory therapists - Iowa Code section 152B.7A(2)"b" Psychologists - Iowa Code section 154B.3(5) Kansas: Kansas law provides that persons rendering gratuitous services in the case of an emergency are not subject to the requirements of the Kansas statutes on the healing arts. KSA 65-2872(a). Emergency is not defined in the act but should be presumed to include non-emac situations. For personnel not covered by the healing arts statutes, this question would probably best be directed to the respective licensing boards. Missouri: No. The only provisions that exist apply in declared emergencies. Montana: Yes, as applied to emergency medical technicians, within the following constraints. A.R.M. 24.156.2771(4) provides for an EMT currently licensed and in good standing in another state to function during a state and/or federally managed incident under the basic life support protocols adopted by the Board of Medical Examiners. Further, the EMT s practice is limited to the duration of the state and/or federally managed incident. The out of state EMT is required to provide proof of current licensure and good standing. Sub (5) stipulates that in the event of a bioterrorism attack when chemical agents are used or suspected, EMT s at all levels who are appropriately trained are authorized by the board to carry and administer auto-injectors and to administer them to themselves and others. What is not clear is whether a state and/or federally managed incident precludes a nondeclared emergency. Under Title 37 MCA, the limitations on nurses, etc. provide exemptions for nursing assistance in the case of an emergency. A similar provision is in place concerning a medical practitioner furnishing a patient a drug in an emergency. It is not clear if a larger scale emergency is contemplated, such as a non-declared public health emergency. Nebraska: Yes, a. Pursuant to Title 172 Neb. Admin. Code, ch. 88 section 88-007: physicians are allowed temporary practice rights. Locum Tenens means a physician and surgeon who is duly licensed to practice medicine and surgery in another state who has been recommended by the secretary of the Board of Examiners in the state of licensure and who has been granted temporary practice rights by the Nebraska Board of Medicine and Surgery, with the approval of the Nebraska Department of Health and Human Services Regulation and Licensure, for a period not to exceed three months in any 12 month period. 11
Dentists enacted a similar provision this last year (citation to follow later) and Nebraska is a member of the nursing compact. a. Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered. Neb. Rev. Stat. A1-109. Civil Defense and Disaster Compact No, but also see SDCL 33-15-39. In a Public Health Emergency declared under 26-23b-102. UCA 58-1-307(4) and (5). The review process is not specified in statute. Disaster situations: W.S. 19-13-115 In emergency or disaster situations: W.S. 19-13-406 7. EMERGENCY USE OF DESIGNATED UNLICENSED PERSONNEL & VOLUNTEERS? Do your statutes/regulations/policies permit the designation in non- EMAC situations of certain unlicensed personnel and volunteers to assist in carrying out emergency response functions? Colorado anticipates utilizing unlicensed personnel and volunteers in the event of an emergency, but state statute does not allow these individuals to perform functions that require a license. It is possible that with adequate training and supervision, these individuals could perform certain functions under the scope of a doctor s or nurse s license. See C.R.S. 12-36-106(3)(l); 12-38-132, (2004); 3 CCR 713-30, Rule 800; 3 CCR 716-1, Ch. XIII. Additionally, those providing medical assistance may be deemed to have gratuitously rendered services in case of an emergency, as allowed for in C.R.S. 12-36-106(3)(a). Iowa: Yes, for certain functions and in certain situations. Kansas: No statute has been located that either permits or prohibits designation of unlicensed personnel or volunteers to assist in carrying out emergency response functions in a non- EMAC situation. 12
Missouri: No. Montana: 27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency. (1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care or assistance. (2) Subsection (1) includes a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for such volunteer services does not exceed 25% of his gross annual income or $3,000 a calendar year, whichever is greater. (3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, such refusal does not constitute gross negligence or a willful or wanton act or omission. Nebraska: The extent has not been fully determined at this time. To some extent, Nebraska s Good Samaritan statute protects against liability for gratuitous care. Yes, same as #4 above and SDCL 33-15-1(5), 33-15-16, 33-15-17, and 33-15-18. See 5 and 6 above. For homeland security workers: W.S. 19-13-113(c) 8. PRIVILEGING AND CREDENTIALLING OF UNLICENSED PERSONNEL: Do you have any statutes/regulations/policies that address the privileging and credentialing issues that arise when out-of-state licensed personnel or in-state unlicensed volunteers are used in situations described in questions 5 and 6? No. Iowa: No. 13
Kansas: No statute has been located that addresses the privileging or credentialing issues described in this question. This question would probably best be addressed to the respective licensing boards. Missouri: No. Montana: No. Under Section 37-3-305, a temporary license can be granted by the Board of Medical Examiners if the criteria is met. There is no provision for emergency credentialing. Under the Hospital Bioterrorism Preparedness Program such a privileging and precredentialing system data system is under development that will address these issues related to Montana professionals in the near future. Nebraska: The extent has not been fully determined at this time. To some extent, Nebraska s Good Samaritan statute protects against liability for gratuitous care. We will be pursuing a further answer involving, in part, a look at the consequences of participation in the Emergency System for Advance Registration of Volunteer Health Care Personnel (ESAR-VHP) No, however, in January 2006, the State intends on beginning development of an Emergency System for the Advance Registration of Volunteer Health Professionals, per HRSA. No. Emergency or disaster situations: W.S. 19-13-406 Disaster situations: W.S. 19-13-115 9. LIABILITY AND COMPENSATION IN NON-EMAC SITUATIONS: Do you have any statutes/regulations/policies that address the liability and compensation issues raised by the use in your state of out-of-state personnel or volunteers and by the use in another state of your employees, including designated volunteers? No. 14
Iowa: Yes. Iowa Code section 669.24, Iowa Code section 135.143. Kansas: No general statute relating to liability of out-of-state personnel operating in this state or personnel from this state operating in another state has been located. Kansas is a party to the Interstate Emergency Management Compact. KSA 48-9a01. The compact addresses liability and immunity of personnel of member states operating in other states under the compact. Any member of a regional medical emergency response team created by the adjutant general pursuant to KSA 48-928 is deemed to be a state employee for the purposes of state tort claims act. KSA 48-915(c). Kansas has a "Good Samaritan" law which provides that a health care provider who in good faith renders emergency care at the scene of an emergency or accident shall not be liable for damages other than those resulting from gross negligence or from willful or wanton acts or omissions. KSA 65-2891. (The law does not define emergency. ) Missouri: Under sections 70.837 and 320.090, RSMo fire departments and other public safety agencies are subject to all provisions of law as if... providing service within [their] own jurisdiction. All other liability and compensation issues addressed by statute apply only in declared emergencies. Montana: Section 27-1-714 pertains to any person licensed as a physician and surgeon under Montana law as well as volunteers and any person. It is quoted below and it exempts any person who renders emergency care and assistance at the scene of an emergency or accident. It is not clear how this would pertain to out of state licensed professionals. 27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency. (1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care or assistance. (2) Subsection (1) includes a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for such volunteer services does not exceed 25% of his gross annual income or $3,000 a calendar year, whichever is greater. (3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, such refusal does not constitute gross negligence or a willful or wanton act or omission. 15
History: En. Sec. 1, Ch. 93, L. 1963; R.C.M. 1947, 17-410; amd. Sec. 1, Ch. 390, L. 1979; amd. Sec. 1, Ch. 330, L. 1985; amd. Sec. 1, Ch. 133, L. 1987. Nebraska: a. The extent has not been fully determined at this time. To some extent, Nebraska s Good Samaritan statute protects against liability for gratuitous care. We will be pursuing a further answer involving, in part, a look at the consequences of participation in the Emergency System for Advance Registration of Volunteer Health Care Personnel (ESAR-VHP) No party state or its officers or employees rendering aid in another state pursuant to the Civil Defense and Disaster Compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. Neb. Rev. Stat. A1-109 Yes, per SDCL 33-15-18.1, 33-15-18.2, 33-15-20, 33-15-20, 33-15-24.8, 33-15-25.1, 33-15-36, 33-15-37, 33-15-38, 33-15-41, 33-15-48, 20-9-3, 20-9-4, and 20-9-4.1. As in Louisiana, Utah plans to make these persons covered by the Governmental Immunity Act by having them work under the general direction of state government. UCA 67-20-2(3)&(4); 67-20-3 W.S. 35-4-114, W.S. 19-13-107(b), W.S. 19-13-113, W.S. 19-13-407 16
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