An Act To Facilitate the Hiring of Healthcare Personnel during Emergency Circumstances
Sec. 1. 22 MRSA §816, sub-§1-A is enacted to read:
A. When hiring or engaging the services of a licensed health care worker that, at the time of hiring or engagement, is employed or privileged by any entity in any state, a private institution may rely upon the representation of that employing or privileging entity regarding appropriate screening of the worker, such as background investigation, primary source verification, credentialing or privileging.
B. When hiring or engaging the services of a licensed health care worker that, at the time of hiring or engagement, is retired or unemployed, a private institution may rely upon the representation of the worker’s most recent employer or privileging entity if that employment or privileging occurred within the previous 24 months.
C. If an employer or privileging entity is unable to respond to the inquiries of a private institution due to a health emergency, an extreme public health emergency or a disaster, the private institution may rely on the licensed health care worker’s representations regarding that worker’s status or preemployment screening or privileging review.
A private institution that complies with this subsection may hire or engage the services of a licensed health care worker and be deemed in compliance with all state licensing standards.
summary
This bill grants private institutions that hire or engage the services of licensed health care workers immunity from civil liability in the event of a declared health emergency, an extreme public health emergency or a disaster for any actions arising from allegations of inadequate investigation prior to their engagement, including, but not limited to, negligent hiring, credentialing or privileging, for services provided within the scope of such licensure.