SF 148

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 08:16am

A bill for an act
relating to health care providers; immunity from civil liability for responder unable
to provide a certain level or manner of care; amending Minnesota Statutes 2018,
section 12.61, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 12.61, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin COVID-19 emergency. new text end

new text begin (a) For all claims arising from acts or omissions in
any way occurring during a peacetime emergency declared under section 12.31 to respond
to the COVID-19 pandemic and 60 days thereafter, a responder unable to provide the level
or manner of care that otherwise would have been required in the absence of the emergency
is not liable for any civil damages or administrative sanctions as a result of good faith acts
or omissions by that responder in rendering care, advice, or assistance. This subdivision
does not apply in cases of willful or wanton actions intended to cause harm.
new text end

new text begin (b) This subdivision only applies to the level or manner of care that is due to the
COVID-19 pandemic including but not limited to the following circumstances:
new text end

new text begin (1) insufficient availability of personal protection equipment, ventilators, medications,
blood products, supplies, equipment, tests and testing supplies, or hospital beds;
new text end

new text begin (2) insufficient availability of trained staff;
new text end

new text begin (3) where responders deliver care that (i) is included in the scope of the responder's licensure or other authority but exceeds the scope of the responder's credentials at the hospital or health care facility at which the responder is delivering services; or (ii) exceeds the scope of services normally provided by the responder;
new text end

new text begin (4) implementation or execution of triage protocols or scarce resource allocation policies
necessitated by crisis standards of care;
new text end

new text begin (5) using supplies or equipment in ways that are different from the way that these supplies
and equipment are normally used; and
new text end

new text begin (6) treatment decisions based on compliance with Executive Order 20-09, or other federal,
state, or local directives restricting the provision of certain health care services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to acts or omissions occurring on or after March 13, 2020.
new text end