PRINTER'S NO. 1190
No. 899 Session of 2005
INTRODUCED BY WAUGH, ORIE, PIPPY, O'PAKE, CORMAN, WENGER,
ARMSTRONG, PILEGGI, GREENLEAF, RAFFERTY, LEMMOND, KITCHEN,
PICCOLA, SCARNATI, WOZNIAK, REGOLA, M. WHITE, STACK AND
WONDERLING, OCTOBER 5, 2005
REFERRED TO JUDICIARY, OCTOBER 5, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for Medical
3 Reserve Corps unit civil immunity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8331.4. Medical Reserve Corps unit civil immunity.
9 (a) General rule.--Except as provided in subsection (b), any
10 retired physician who is a member of a Medical Reserve Corps
11 unit and who renders care during an emergency shall not be
12 liable for any civil damages as a result of any acts or
13 omissions by the physician in rendering the care.
14 (b) Exception.--Subsection (a) shall not apply to any acts
15 or omissions intentionally designed to harm or any grossly
16 negligent acts or omissions which result in harm to the person
17 receiving care.
1 (c) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Emergency." Any of the following:
5 (1) A disaster emergency as defined in 35 Pa.C.S. § 7102
6 (relating to definitions).
7 (2) A local emergency as defined in 35 Pa.C.S. § 7102.
8 (3) An emergency as defined in 42 U.S.C. § 5122
9 (relating to definitions).
10 (4) A major disaster as defined in 42 U.S.C. § 5122.
11 "Medical Reserve Corps." A community-based and specialized
12 component of the USA Freedom Corps program created by the
13 January 29, 2002, Executive Order of the President, which
14 organizes and prepares medical professionals for emergencies and
15 works to strengthen the public health infrastructure.
16 "Medical Reserve Corps unit." A registered unit of the
17 Medical Reserve Corps.
18 Section 2. This act shall take effect in 60 days.
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