2007 Minnesota Statutes

12.61 TEMPORARY MEDICAL CARE FACILITIES; LIABILITY.
    Subdivision 1. Definitions. For purposes of this section:
(a) "Emergency plan" includes:
(i) any plan for managing an emergency threatening public health developed by the
commissioner of health or a local public health agency;
(ii) any plan for managing an emergency threatening public health developed by one or
more hospitals, clinics, nursing homes, or other health care facilities or providers and approved
by the commissioner of health or local public health agency in consultation with emergency
management officials; or
(iii) any provision for assistance by out-of-state responders under interstate or international
compacts, including but not limited to the Emergency Management Assistance Compact.
(b) "Regional hospital system" means all hospitals in one of the hospital bioterrorism
preparedness program geographic regions of the state set forth in the most recent hospital
preparedness plan available on the Department of Health Web site at www.health.state.mn.us/oep.
(c) "Responder" means any person or organization whether paid or volunteer that provides
health care or other health-related services in an emergency including, but not limited to,
physicians, physician assistants, registered and other nurses, certified nursing assistants, or other
staff within a health care provider organization, pharmacists, chiropractors, dentists, emergency
medical technicians, members of a specialized medical response unit, laboratory technicians,
morticians, registered first responders, mental health professionals, hospitals, nursing and
boarding care facilities, home health care agencies, other long-term care providers, medical and
dental clinics, medical laboratories, and ambulance service personnel, dispatch services, and
persons not registered as first responders but affiliated with a medical response unit and dispatched
to the scene of an emergency by a public safety answering point or licensed ambulance service.
    Subd. 2. Emergency executive order. (a) During a national security emergency or a
peacetime emergency declared under section 12.31, the governor may issue an emergency
executive order upon finding that the number of seriously ill or injured persons exceeds the
emergency hospital or medical transport capacity of one or more regional hospital systems and
that care for those persons has to be given in temporary care facilities.
(b) During the effective period of the emergency executive order, a responder in any
impacted region acting consistent with emergency plans is not liable for any civil damages or
administrative sanctions as a result of good-faith acts or omissions by that responder in rendering
emergency care, advice, or assistance. This section does not apply in case of malfeasance in
office or willful or wanton actions.
History: 2005 c 150 s 12