Information for Volunteers
Immunizations
must be up-to-date
Volunteers interested in assisting in local, state,
and national disaster relief efforts should review the latest
immunization information and ensure that their tetanus,
diphtheria, and hepatitis B vaccines are up-to-date.
State Law Information
Registered nurses wishing to provide emergency/disaster
assistance must review the Michigan
state law to assure knowledge of the limitations or expansion
of practice during an emergency. If you have additional questions
please visit the Department of Community Health website or contact
your own attorney.
Are there provisions for compensating
me for time lost from work or other expenses?
At this point, there are no provisions for compensating volunteers
for lost work or other expenses.
What protection might be available
for volunteers against liability lawsuits arising out of the
volunteer work?
In Michigan, volunteers may be protected from civil
liability through the following statutes:
Governmental Immunity Act: While acting on
behalf of a governmental agency, a volunteer is immune from
tort liability if the volunteer is acting or reasonably believes
he or she is acting within the scope of his or her authority,
the governmental agency is engaged in the exercise or discharge
of a governmental function, and the volunteer’s conduct
does not amount to gross negligence that is the proximate cause
of the injury or damage.
Liability of Certain Persons for Emergency Care
Commonly referred to as The Good Samaritan Act, this statute
protects certain licensed health professionals from civil liability
when providing emergency care without compensation at the scene
of an emergency, provided there was no provider/patient relationship
established before the emergency. This statute covers physicians,
physician’s assistants, registered professional nurses,
and licensed practical nurses.
Emergency Management Act
This statute provides general immunity from liability for Disaster
Relief Forces while on duty. During a declared state of disaster
additional protections are provided to certain health professionals
who render services and the Director of the Michigan State Police
may issue a directive relieving volunteers of liability except
for gross negligence.
Public Health Code
Several sections of the Public Health Code grant immunity from
liability:
Health Departments – The director or an employee or representative
of the state health department or a local health department
is not personally liable for damages sustained in the performance
of departmental functions, except for wanton and willful misconduct.
Immunization Programs – When participating in an approved
mass immunization program in this state, health personnel cannot
be held liable except for gross negligence or willful and wanton
misconduct.
Emergency Medical Services Personnel – Immunity from
liability is provided except for gross negligence or willful
misconduct.
Volunteer Protection Act of 1997: Volunteers may also be protected
from civil liability under this federal law.
It is important that you work with your employer
as part of your preparation to participate in a disaster relief
effort. Also note, MNA-represented RNs should review their contract
and check with their local bargaining unit President/Chair or
labor representative.
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