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,ifthe 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, a1 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