Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS HEADING: PL 1989, C. 487, §11 (RPR);
2005, C. 383, §1 (RPR)
Subchapter 2: CONTROL MEASURES HEADING: PL 1989, C. 487, §11 (NEW)
1.For private institutions.
Any private institution, its employees or agents are immune from civil liability
to the extent provided in Title 14, chapter 741, as if that institution were a state
agency and its employees and agents were state employees, for any acts taken to provide
for the confinement or restraint of a person committed pursuant to this chapter or
for participating in reporting under this chapter, or for engaging in any prescribed
care within the meaning of this chapter in support of the State's response to a declared
extreme public health emergency in accordance with the provisions of this chapter
and Title 37-B, chapter 13, subchapter 2.
2003, c. 438, §1 (AMD)
1-A.Health care workforce.
A private institution is immune from civil penalties and liability for any actions
arising from allegations of inadequate investigation prior to that institution's hiring
or engagement of a licensed health care worker, including but not limited to allegations
of negligent hiring, credentialing or privileging, for services provided within the
scope of that health care worker's licensure in response to an extreme public health
emergency as defined in section 801, subsection 4-A or a disaster as defined in Title
37-B, section 703, subsection 2 as long as the private institution hires or engages
the services of the licensed health care worker in accordance with this subsection.
When hiring or engaging the services of a health care worker:
A. The private institution shall first make a reasonable attempt to contact the appropriate
occupational or professional licensing board within or affiliated with the Department
of Professional and Financial Regulation for any available information about that
health care worker; and [2005, c. 630, §1 (NEW).]
B. A private institution may rely on:
(1) Information available from the occupational and professional licensing boards
within or affiliated with the Department of Professional and Financial Regulation
regarding appropriate screening of the worker, such as background investigation, primary
source verification or credentialing;
(2) The representation of a volunteer health care worker registry that is operated
or certified in accordance with federal or state requirements regarding appropriate
screening of the worker that is registered on that registry, such as background investigation,
primary source verification or credentialing;
(3) The representation of the employing or privileging entity regarding appropriate
screening of the worker that, at the time of hiring or engagement, is employed or
privileged by any entity in any state, such as background investigation, primary source
verification, credentialing or privileging; or
(4) The representation of a retired or unemployed worker's most recent employer
or privileging entity if that employment or privileging occurred within the previous
24 months. [2005, c. 630, §1 (NEW).]
A private institution that complies with this subsection may hire or engage the services
of a licensed health care worker and is deemed in compliance with all state licensing
standards. The private institution shall initiate the standard preemployment screening
process within 48 hours of the official termination of the extreme public health emergency
as defined in section 801, subsection 4-A or disaster as defined in Title 37-B, section
703, subsection 2.
2005, c. 630, §1 (NEW)
2.Reporting and proceedings.
Any person participating in reporting under this chapter or participating in a related
communicable disease investigation or proceeding, including, but not limited to, any
person serving on or assisting a multidisciplinary intervention team or other investigating
or treatment team, is immune from civil liability for the act of reporting or participating
in the investigation or proceeding in good faith. Good faith does not include instances
when a false report is made and the reporting person knows or should know the report
1989, c. 487, §11 (NEW)
3.For public institutions or employees.
Immunity for public institutions and employees shall be governed by Title 14, chapter
1989, c. 487, §11 (NEW)
1989, c. 487, §11 (NEW).
2003, c. 438, §1 (AMD).
2005, c. 630, §1 (AMD).
Data for this page extracted on 12/03/2013 11:58:39.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.