Section 44.045

Title V MILITARY AFFAIRS AND POLICE

Chapter 44

Effective - 08 Jun 2007, 3 histories, see footnote   

  44.045.  Health care professionals may be deployed during a state of emergency — immunity from liability, when — release of certain confidential information permitted, when. — 1.  Subject to approval by the state emergency management agency during an emergency declared by the governor, any health care provider licensed, registered, or certified in this state or any state who agrees to be so deployed as provided in this section may be deployed to provide care as necessitated by the emergency, including care necessitated by mutual aid agreements between political subdivisions and other public and private entities under section 44.090.  During an emergency declared by the governor, health care providers deployed by the governor or any state agency shall not be liable for any civil damages or administrative sanctions for any failure, in the delivery of health care necessitated by the emergency during deployment, to exercise the skill and learning of an ordinarily careful health care provider in similar circumstances, but shall be liable for damages due to willful and wanton acts or omissions in rendering such care.

  2.  In a declared state of emergency, the department of health and senior services and the division of professional registration within the department of commerce and insurance may release otherwise confidential contact and licensure, registration, or certification information relating to health care professionals to state, local, and private agencies to facilitate deployment.

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(L. 2005 H.B. 58 and S.B. 420 & 344, A.L. 2007 H.B. 579)

Effective 6-08-07