44.045. Health care professionals may be deployed during a state of emergency--immunity from liability, when--release of certain confidential information permitted, when.
Health care professionals may be deployed during a state ofemergency--immunity from liability, when--release of certainconfidential information permitted, when.
44.045. 1. Subject to approval by the state emergency managementagency during an emergency declared by the governor, any health careprovider licensed, registered, or certified in this state or any state whoagrees to be so deployed as provided in this section may be deployed toprovide care as necessitated by the emergency, including care necessitatedby mutual aid agreements between political subdivisions and other publicand private entities under section 44.090. During an emergency declared bythe governor, health care providers deployed by the governor or any stateagency shall not be liable for any civil damages or administrativesanctions for any failure, in the delivery of health care necessitated bythe emergency during deployment, to exercise the skill and learning of anordinarily careful health care provider in similar circumstances, but shallbe liable for damages due to willful and wanton acts or omissions inrendering such care.
2. In a declared state of emergency, the department of health andsenior services and the division of professional registration within thedepartment of insurance, financial institutions and professionalregistration may release otherwise confidential contact and licensure,registration, or certification information relating to health careprofessionals to state, local, and private agencies to facilitatedeployment.
(L. 2005 H.B. 58 and S.B. 420 & 344, A.L. 2007 H.B. 579)Effective 6-08-07