House File 2364
HOUSE FILE
BY SMITH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the provision of emergency crisis counseling
2 to emergency service personnel at the place of an emergency or
3 an accident by a volunteer critical incident stress management
4 team member.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5746HH 80
7 rh/pj/5
PAG LIN
1 1 Section 1. Section 613.17, Code 2003, is amended to read
1 2 as follows:
1 3 613.17 EMERGENCY ASSISTANCE IN AN ACCIDENT.
1 4 1. A person, who in good faith renders emergency care or
1 5 assistance without compensation, shall not be liable for any
1 6 civil damages for acts or omissions occurring at the place of
1 7 an emergency or accident or while the person is in transit to
1 8 or from the emergency or accident or while the person is at or
1 9 being moved to or from an emergency shelter unless such acts
1 10 or omissions constitute recklessness.
1 11 2. For purposes of this section, if the following shall
1 12 apply:
1 13 a. If a volunteer fire fighter, a volunteer operator or
1 14 attendant of an ambulance or rescue squad service, a volunteer
1 15 paramedic, a volunteer emergency medical technician, a
1 16 volunteer critical incident stress team member, or a volunteer
1 17 registered member of the national ski patrol system receives
1 18 nominal compensation not based upon the value of the services
1 19 performed, that person shall be considered to be receiving no
1 20 compensation.
1 21 b. The operation of a motor vehicle in compliance with
1 22 section 321.231 by a volunteer fire fighter, volunteer
1 23 operator, or attendant of an ambulance or rescue squad
1 24 service, a volunteer paramedic, or volunteer emergency medical
1 25 technician shall be considered rendering emergency care or
1 26 assistance for purposes of this section. For purposes of this
1 27 section, a
1 28 c. A person rendering emergency care or assistance
1 29 includes a person involved in a workplace rescue arising out
1 30 of an emergency or accident.
1 31 3. For purposes of this section, "volunteer critical
1 32 incident stress team member" means a person who is a member of
1 33 a volunteer critical incident stress team who is trained to
1 34 provide crisis counseling to emergency service personnel at
1 35 the scene of and after an emergency or accident. For purposes
2 1 of this subsection, "emergency service personnel" includes,
2 2 but is not limited to, emergency medical technicians, police
2 3 officers, fire fighters, dispatchers, paramedics, and mental
2 4 health personnel. The Iowa department of public health shall
2 5 adopt rules pursuant to chapter 17A to further define
2 6 "volunteer critical incident stress team management members".
2 7 EXPLANATION
2 8 This bill relates to the provision of emergency crisis
2 9 counseling at the place of an emergency or accident by a
2 10 volunteer critical incident stress team member.
2 11 The bill provides that a volunteer critical incident stress
2 12 team member who receives nominal compensation not based upon
2 13 the value of the services performed at the place of an
2 14 emergency or an accident shall be considered to be receiving
2 15 no compensation and shall not be liable for any civil damages
2 16 for acts or omissions occurring at the place of the emergency
2 17 or accident while in transit to or from the emergency or
2 18 accident or while at or being moved to or from an emergency
2 19 shelter, unless such acts or omissions constitute negligence.
2 20 The bill defines a "volunteer critical incident stress team
2 21 member" to mean a person who is a member of a volunteer
2 22 critical incident stress team who provides emergency crisis
2 23 counseling to emergency service personnel at the scene of and
2 24 after an emergency or accident. "Emergency service personnel"
2 25 includes, but is not limited to, emergency medical
2 26 technicians, police officers, fire fighters, dispatchers,
2 27 paramedics, and mental health personnel. The Iowa department
2 28 of public health shall adopt rules further defining volunteer
2 29 critical incident stress team management members.
2 30 LSB 5746HH 80
2 31 rh/pj/5