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Minnesota Legislature

Office of the Revisor of Statutes

SF 3135

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health; adding volunteer protections for the Minnesota Responds
Medical Reserve Corps volunteers; creating the Minnesota Responds Medical
Reserve Corps; establishing volunteer health practitioner status during an
emergency declaration; authorizing interstate assistance by local governments;
amending Minnesota Statutes 2006, sections 12.22, subdivision 2a; 145A.04, by
adding subdivisions; 145A.06, by adding subdivisions; 176.011, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 192.

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

Section 1.

Minnesota Statutes 2006, section 12.22, subdivision 2a, is amended to read:


Subd. 2a.

Volunteer protections.

(a) Individuals who volunteer to assist a local
political subdivision during an emergency or disaster, who register with that subdivision,
and who are under the direction and control of that subdivision are considered an
employee of that subdivision for purposes of workers' compensation and tort claim
defense and indemnification.

(b) Individuals who volunteer to assist the state during an emergency or disaster,
who register with a state agency, and who are under the direction and control of the state
agency are considered an employee of the state for purposes of workers' compensation
and tort claim defense and indemnification.

new text begin (c) Notwithstanding qualification for volunteer protection under paragraph (a) or
(b), a Minnesota Responds Medical Reserve Corps volunteer under sections 145A.04 to
145A.06, responding at the request of the commissioner of health, must receive state
workers' compensation benefits and tort claim defense and indemnification as provided in
section 145A.06, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2006, section 145A.04, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Minnesota Responds Medical Reserve Corps; planning. new text end

new text begin A board of
health receiving funding for emergency preparedness or pandemic influenza planning
from the state or from the United States Department of Health and Human Services shall
participate in planning for emergency use of volunteer health professionals through the
Minnesota Responds Medical Reserve Corps program of the Department of Health. A
board of health shall collaborate on volunteer planning with other public and private
partners, including but not limited to local or regional health care providers, emergency
medical services, hospitals, tribal governments, state and local emergency management,
and local disaster relief organizations.
new text end

Sec. 3.

Minnesota Statutes 2006, section 145A.04, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Minnesota Responds Medical Reserve Corps; agreements. new text end

new text begin A board
of health participating in the Minnesota Responds Medical Reserve Corps program may
enter into written mutual aid agreements for deployment of its paid employees and its
Minnesota Responds Medical Reserve Corps volunteers with other boards of health, other
political subdivisions within the state, or with tribal governments within the state. A board
of health may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.
new text end

Sec. 4.

Minnesota Statutes 2006, section 145A.04, is amended by adding a subdivision
to read:


new text begin Subd. 6c. new text end

new text begin Minnesota Responds Medical Reserve Corps; when mobilized. new text end

new text begin When
a board of health finds that the prevention, mitigation, response to, or recovery from an
actual or threatened public health event or emergency exceeds its local capacity, it shall use
available mutual aid agreements. If the event or emergency exceeds mutual aid capacities,
a board of health may request the commissioner of health to mobilize Minnesota Responds
Medical Reserve Corps volunteers from outside the jurisdiction of the board of health.
new text end

Sec. 5.

Minnesota Statutes 2006, section 145A.06, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Health volunteer program. new text end

new text begin (a) The commissioner may accept grants from
the United States Department of Health and Human Services for the emergency system
for the advanced registration of volunteer health professionals (ESAR-VHP) established
under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
new text end

new text begin (b) The commissioner may maintain a registry of volunteers for the Minnesota
Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
deployments within and outside the state. All state licensing and certifying boards
shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
volunteers' information. The commissioner may also obtain information from other states
and national licensing or certifying boards for health practitioners.
new text end

new text begin (c) The commissioner may share volunteers' data, including any data classified as
private data, from the Minnesota Responds Medical Reserve Corps registry with boards of
health, the University of Minnesota's Academic Health Center or other public or private
emergency preparedness partners, or tribal governments operating Minnesota Responds
Medical Reserve Corps units as needed for credentialing, organizing, training, and
deploying volunteers. Upon request of another state participating in the ESAR-VHP or of a
Canadian government administering a similar health volunteer program, the commissioner
may also share the volunteers' data as needed for emergency preparedness and response.
new text end

Sec. 6.

Minnesota Statutes 2006, section 145A.06, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Requests to commissioner for health volunteers. new text end

new text begin (a) When the
commissioner receives a request for health volunteers from:
new text end

new text begin (1) a local board of health according to section 145A.04, subdivision 6c;
new text end

new text begin (2) the University of Minnesota Academic Health Center;
new text end

new text begin (3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section 192.89;
new text end

new text begin (4) the federal government through ESAR-VHP or another similar program; or
new text end

new text begin (5) a tribal or Canadian government;
new text end

new text begin the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers
to respond to the request.
new text end

new text begin (b) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.
new text end

new text begin (c) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (d) to (e) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (d) to (e) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.
new text end

new text begin (d)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for assistance at the call of the commissioner must be deemed an employee of the
state for purposes of workers' compensation and tort claim defense and indemnification,
without regard to whether the volunteer's activity is under the direction and control of the
commissioner, the division of homeland security and emergency management, the sending
jurisdiction, the receiving jurisdiction, or of a hospital, alternate care site, or other health
care provider treating patients from the public health event or emergency.
new text end

new text begin (2) For purposes of calculating workers' compensation benefits under chapter
176, the daily wage must be the usual wage paid at the time of injury or death for
similar services performed by paid employees in the community where the volunteer
regularly resides, or the wage paid to the volunteer in the volunteer's regular employment,
whichever is greater.
new text end

new text begin (e) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section 192.89 or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.
new text end

new text begin (f) In the event Minnesota Responds Medical Reserve Corps volunteers are deployed
outside the state pursuant to the Interstate Emergency Management Assistance Compact,
the provisions of the Interstate Emergency Management Assistance Compact must control
over any inconsistent provisions in this section.
new text end

new text begin (g) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
volunteer may also qualify under other clauses of section 176.011, subdivision 9.
new text end

Sec. 7.

Minnesota Statutes 2006, section 145A.06, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Volunteer health practitioners licensed in other states. new text end

new text begin (a) While an
emergency declaration is in effect, a volunteer health practitioner who is (1) registered
with a registration system that complies with the emergency system for the advanced
registration of volunteer health professionals (ESAR-VHP) established under United
States Code, title 42, section 247d-7b; (2) licensed and in good standing in the state upon
which the practitioner's registration is based; and (3) requested for deployment by the
state's authorized representative under section 192.89, may practice in this state within
the scope of practice authorized in the licensing state and to the extent authorized by this
section as if the practitioner were licensed in this state.
new text end

new text begin (b) A volunteer health practitioner qualified under paragraph (a) is not entitled to
the liability protections of section 192.89, subdivision 6, if the practitioner is licensed in
more than one state and any license of the practitioner is suspended, revoked, or subject
to an agency order limiting or restricting practice privileges, or has been voluntarily
terminated under threat of sanction.
new text end

Sec. 8.

Minnesota Statutes 2006, section 176.011, subdivision 9, is amended to read:


Subd. 9.

Employee.

"Employee" means any person who performs services for
another for hire including the following:

(1) an alien;

(2) a minor;

(3) a sheriff, deputy sheriff, police officer, firefighter, county highway engineer, and
peace officer while engaged in the enforcement of peace or in the pursuit or capture of a
person charged with or suspected of crime;

(4) a person requested or commanded to aid an officer in arresting or retaking a
person who has escaped from lawful custody, or in executing legal process, in which
cases, for purposes of calculating compensation under this chapter, the daily wage of the
person shall be the prevailing wage for similar services performed by paid employees;

(5) a county assessor;

(6) an elected or appointed official of the state, or of a county, city, town, school
district, or governmental subdivision in the state. An officer of a political subdivision
elected or appointed for a regular term of office, or to complete the unexpired portion of a
regular term, shall be included only after the governing body of the political subdivision
has adopted an ordinance or resolution to that effect;

(7) an executive officer of a corporation, except those executive officers excluded
by section 176.041;

(8) a voluntary uncompensated worker, other than an inmate, rendering services in
state institutions under the commissioners of human services and corrections similar to
those of officers and employees of the institutions, and whose services have been accepted
or contracted for by the commissioner of human services or corrections as authorized by
law. In the event of injury or death of the worker, the daily wage of the worker, for the
purpose of calculating compensation under this chapter, shall be the usual wage paid at
the time of the injury or death for similar services in institutions where the services are
performed by paid employees;

(9) a voluntary uncompensated worker engaged in emergency management as
defined in section 12.03, subdivision 4, who is:

(i) registered with the state or any political subdivision of it, according to the
procedures set forth in the state or political subdivision emergency operations plan; and

(ii) acting under the direction and control of, and within the scope of duties approved
by, the state or political subdivision.

The daily wage of the worker, for the purpose of calculating compensation under this
chapter, shall be the usual wage paid at the time of the injury or death for similar services
performed by paid employees;

(10) a voluntary uncompensated worker participating in a program established by a
local social services agency. For purposes of this clause, "local social services agency"
means any agency established under section 393.01. In the event of injury or death of the
worker, the wage of the worker, for the purpose of calculating compensation under this
chapter, shall be the usual wage paid in the county at the time of the injury or death for
similar services performed by paid employees working a normal day and week;

(11) a voluntary uncompensated worker accepted by the commissioner of natural
resources who is rendering services as a volunteer pursuant to section 84.089. The daily
wage of the worker for the purpose of calculating compensation under this chapter, shall
be the usual wage paid at the time of injury or death for similar services performed by
paid employees;

(12) a voluntary uncompensated worker in the building and construction industry
who renders services for joint labor-management nonprofit community service projects.
The daily wage of the worker for the purpose of calculating compensation under this
chapter shall be the usual wage paid at the time of injury or death for similar services
performed by paid employees;

(13) a member of the military forces, as defined in section 190.05, while in state
active service, as defined in section 190.05, subdivision 5a. The daily wage of the member
for the purpose of calculating compensation under this chapter shall be based on the
member's usual earnings in civil life. If there is no evidence of previous occupation or
earning, the trier of fact shall consider the member's earnings as a member of the military
forces;

(14) a voluntary uncompensated worker, accepted by the director of the Minnesota
Historical Society, rendering services as a volunteer, pursuant to chapter 138. The daily
wage of the worker, for the purposes of calculating compensation under this chapter,
shall be the usual wage paid at the time of injury or death for similar services performed
by paid employees;

(15) a voluntary uncompensated worker, other than a student, who renders services
at the Minnesota State Academy for the Deaf or the Minnesota State Academy for the
Blind, and whose services have been accepted or contracted for by the commissioner of
education, as authorized by law. In the event of injury or death of the worker, the daily
wage of the worker, for the purpose of calculating compensation under this chapter, shall
be the usual wage paid at the time of the injury or death for similar services performed in
institutions by paid employees;

(16) a voluntary uncompensated worker, other than a resident of the veterans home,
who renders services at a Minnesota veterans home, and whose services have been
accepted or contracted for by the commissioner of veterans affairs, as authorized by law.
In the event of injury or death of the worker, the daily wage of the worker, for the purpose
of calculating compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid employees;

(17) a worker who renders in-home attendant care services to a physically disabled
person, and who is paid directly by the commissioner of human services for these services,
shall be an employee of the state within the meaning of this subdivision, but for no other
purpose;

(18) students enrolled in and regularly attending the Medical School of the
University of Minnesota in the graduate school program or the postgraduate program. The
students shall not be considered employees for any other purpose. In the event of the
student's injury or death, the weekly wage of the student for the purpose of calculating
compensation under this chapter, shall be the annualized educational stipend awarded to
the student, divided by 52 weeks. The institution in which the student is enrolled shall
be considered the "employer" for the limited purpose of determining responsibility for
paying benefits under this chapter;

(19) a faculty member of the University of Minnesota employed for an academic
year is also an employee for the period between that academic year and the succeeding
academic year if:

(a) the member has a contract or reasonable assurance of a contract from the
University of Minnesota for the succeeding academic year; and

(b) the personal injury for which compensation is sought arises out of and in the
course of activities related to the faculty member's employment by the University of
Minnesota;

(20) a worker who performs volunteer ambulance driver or attendant services is an
employee of the political subdivision, nonprofit hospital, nonprofit corporation, or other
entity for which the worker performs the services. The daily wage of the worker for the
purpose of calculating compensation under this chapter shall be the usual wage paid at the
time of injury or death for similar services performed by paid employees;

(21) a voluntary uncompensated worker, accepted by the commissioner of
administration, rendering services as a volunteer at the Department of Administration. In
the event of injury or death of the worker, the daily wage of the worker, for the purpose of
calculating compensation under this chapter, shall be the usual wage paid at the time of the
injury or death for similar services performed in institutions by paid employees;

(22) a voluntary uncompensated worker rendering service directly to the Pollution
Control Agency. The daily wage of the worker for the purpose of calculating compensation
payable under this chapter is the usual going wage paid at the time of injury or death for
similar services if the services are performed by paid employees;

(23) a voluntary uncompensated worker while volunteering services as a first
responder or as a member of a law enforcement assistance organization while acting under
the supervision and authority of a political subdivision. The daily wage of the worker for
the purpose of calculating compensation payable under this chapter is the usual going
wage paid at the time of injury or death for similar services if the services are performed
by paid employees; deleted text beginand
deleted text end

(24) a voluntary uncompensated member of the civil air patrol rendering service on
the request and under the authority of the state or any of its political subdivisions. The
daily wage of the member for the purposes of calculating compensation payable under this
chapter is the usual going wage paid at the time of injury or death for similar services if
the services are performed by paid employeesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (25) a Minnesota Responds Medical Reserve Corps volunteer under sections
145A.04 to 145A.06, responding at the request of or engaged in training conducted by the
commissioner of health. The daily wage of the volunteer for the purposes of calculating
compensation payable under this chapter is established in section 145A.06. A person
who qualifies under this clause and who may also qualify under another clause of this
subdivision shall receive benefits according to this clause.
new text end

If it is difficult to determine the daily wage as provided in this subdivision, the trier
of fact may determine the wage upon which the compensation is payable.

Sec. 9.

new text begin [192.90] INTERSTATE ASSISTANCE BY MINNESOTA RESPONDS
MEDICAL RESERVE CORPS.
new text end

new text begin Subdivision 1. new text end

new text begin Status as officers or employees. new text end

new text begin When another state or other
jurisdiction participating in the Interstate Emergency Management Assistance Compact
requests health assistance, this state's authorized representative under section 192.89,
subdivision 3, may request Minnesota Responds Medical Reserve Corps volunteers
through the commissioner of health. Minnesota Responds Medical Reserve Corps
volunteers approved by the commissioner of health as provided in section 145A.06 must
be considered "officers and employees" of this state eligible for deployment by the state's
authorized representative under section 192.89.
new text end

new text begin Subd. 2. new text end

new text begin Workers' compensation benefits. new text end

new text begin During deployments within the scope
of section 192.89, subdivision 1, a Minnesota Responds Medical Reserve Corps volunteer
suffering personal injury or death must receive workers' compensation as provided in
section 176.011, subdivision 9, clause (25).
new text end

new text begin Subd. 3. new text end

new text begin Limitation. new text end

new text begin Deployment as a Minnesota Responds Medical Reserve Corps
volunteer does not make the volunteer a state officer or employee for any purpose other
than those expressly stated in section 145A.06, 192.89, or 192.90.
new text end

Sec. 10.

new text begin [192.91] INTERSTATE ASSISTANCE BY LOCAL GOVERNMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin A political subdivision may provide interstate
assistance pursuant to section 192.89.
new text end

new text begin Subd. 2. new text end

new text begin Liability. new text end

new text begin Employees or officers of a political subdivision providing
assistance under section 192.89 are "employees of the state" for purposes of section 3.736.
new text end

new text begin Subd. 3. new text end

new text begin Limitation. new text end

new text begin When providing assistance under section 192.89, a political
subdivision or its officers or employees are not liable for any act or omission made in
good faith or for the maintenance or use of any equipment or supplies used in connection
with the assistance. "Good faith" does not include willful misconduct, gross negligence,
or recklessness.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end