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