House File 50 - Introduced
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 1704HH 81
7 rh/pj/5
PAG LIN
1 1 Section 1. Section 613.17, Code 2005, 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 trained to provide
1 34 crisis counseling to emergency service personnel at the scene
1 35 of and after an emergency or accident. For purposes of this
2 1 subsection, "emergency service personnel" includes, but is not
2 2 limited to, emergency medical technicians, police officers,
2 3 fire fighters, dispatchers, paramedics, and mental health
2 4 personnel. The Iowa department of public health shall adopt
2 5 rules pursuant to chapter 17A to further define "volunteer
2 6 critical incident stress team management member" subject to
2 7 this section.
2 8 EXPLANATION
2 9 This bill relates to the provision of emergency crisis
2 10 counseling at the place of an emergency or accident by a
2 11 volunteer critical incident stress team member.
2 12 The bill provides that a volunteer critical incident stress
2 13 team member who receives nominal compensation not based upon
2 14 the value of the services performed at the place of an
2 15 emergency or an accident shall be considered to be receiving
2 16 no compensation and shall not be liable for any civil damages
2 17 for acts or omissions occurring at the place of the emergency
2 18 or accident while in transit to or from the emergency or
2 19 accident or while at or being moved to or from an emergency
2 20 shelter, unless such acts or omissions constitute
2 21 recklessness.
2 22 The bill defines a "volunteer critical incident stress team
2 23 member" to mean a person who is a member of a volunteer
2 24 critical incident stress team providing emergency crisis
2 25 counseling to emergency service personnel at the scene of and
2 26 after an emergency or accident. "Emergency service personnel"
2 27 includes, but is not limited to, emergency medical
2 28 technicians, police officers, fire fighters, dispatchers,
2 29 paramedics, and mental health personnel. The Iowa department
2 30 of public health shall adopt rules further defining volunteer
2 31 critical incident stress team management members.
2 32 LSB 1704HH 81
2 33 rh/pj/5