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Maryland

Liability

Title

Profession

Summary

Liability: Law Enforcement Outside of Jurisdiction

Law Enforcement,

A law enforcement officer who is acting outside of their home jurisdiction but within the State at the scene of a crime will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness. The law enforcement officer will be defended by their employment as if they were in their home jurisdiction.,

Md. Courts and Judicial Proceedings Code Ann. 5-605

Liability: Nonprofit Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who volunteers with a nonprofit organization, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does not apply to providers of health care services when the action is related to medical malpractice.,

Md. Courts and Judicial Proceedings Code Ann. 5-407

Liability: Use of an Epi Pen

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A physician, who prescribes or a person who is certified to administer an epinephrine injector and provides emergency care by the use of an epinephrine injector, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

COMAR 10.52.16.15, Md. Health-General Code Ann. 13-707

Liability: Health Care Provider During Health Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When a catastrophic health emergency proclamation is in effect, a health care provider who, in good faith, acts in accordance with the proclamation will not be held legally responsible for acting or failing to act.,

Md. PUBLIC SAFETY Code Ann. 14-3A-06

Liability: Food Donation

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, in good faith, donates, prepares, or serves food for use by a nonprofit or a nonprofit that dispenses the food, will not be held legally responsible for the nature or condition of the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts and Judicial Proceedings Code Ann. 5-634

Liability: Emergency Vehicle

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An owner or authorized operator of an emergency vehicle will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts and Judicial Proceedings Code Ann 5-639

Liability: Emergency Hazardous Substance Worker

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, without compensation, is requested to provide assistance at the scene of an emergency hazardous substance discharge, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does not apply if the person is the original cause of the hazardous substance discharge.,

Md. Courts and Judicial Proceedings Code Ann 5-617

Good Samaritan Law: Veterinarian

Veterinarian,

A licensed veterinarian or a veterinarian student, under the direction of a licensed veterinarian, who, without compensation, provides care or assistance to an animal in an emergency where the animal's owner is not available, will not be held legally responsible for acting or failing to act. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

Md. Agriculture Code Ann. 2-314; Md. Courts and Judicial Proceedings Code Ann 5-614

Liability: Professional Engineer

Other Volunteer,

When an emergency declaration is in effect, a professional engineer, who, voluntarily and without compensation, provides their services at the request of a government official at the scene of an emergency or disaster, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts and Judicial Proceedings Code Ann. 5-425

Liability: Architect

Other Volunteer,

When an emergency declaration is in effect, an architect, who, voluntarily and without compensation, provides their services at the request of a government official, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts and Judicial Proceedings Code Ann 5-426

Liability: Fire or Rescue Company

Emergency Medical Services Professional, Firefighter,

A member of a fire or rescue company, who is performing their duties, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts and Judicial Proceedings Code Ann 5-604

Liability: Administration of a Vaccine

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is legally allowed to administer vaccines and administers a U.S. FDA approved vaccine to an individual, will not be held legally responsible for adverse effects of the vaccine. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Md. Courts And Judicial Proceedings Code Ann. 5-629

Liability: Use of an Epi Pen

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who administers an epi pen will not be held legally responsible because they were not certified.,

Md. Health-General Code Ann. 13-708

Liability: Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual owning or controlling real estate, who, without compensation, allows it to be used to shelter people or supplies and materials during an actual or practice emergency or attack, will not be held legally responsible for injury or damage to a person or property.,

Md. Courts and Judicial Proceedings Code Ann. 5-602

Good Samaritan Law: Licensed or Trained Professional

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Firefighter, Law Enforcement, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A licensed medical professional or a member of a fire department, ambulance squad, or law enforcement agency, who has completed an approved first aid class or is certified to provide emergency medical services and who, without compensation, provides assistance or medical aid at the scene of an emergency, will not be held legally responsible for acting or failing to act. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

Md. Courts and Judicial Proceedings Code Ann 5-603

License Reciprocity

Title

Profession

Summary

Temporary Volunteer License: Dental Hygienist

Other Medical Professional,

An out-of-state licensed dental hygienist can apply for a temporary volunteer license to provide their services at temporary dental clinic. This license only lasts for the duration of the temporary dental clinic. A dental hygienist holding a temporary volunteer license cannot administer local anesthesia or administer, maintain, or monitor nitrous oxide oxygen,

Md. HEALTH OCCUPATIONS Code Ann. 4-308(h)

Hospital Privileges During a Disaster

Physician,

When an emergency declaration is in effect, a physician registered with the Maryland Physician Volunteer Corps can be granted temporary privileges in a hospital they are not on staff. Disaster privileges will only last the duration of the declaration or until a hospital executive decides the emergency no longer exists.,

COMAR 10.07.01.24(G)

License Reciprocity: Elevator Mechanic

Other Volunteer,

An out-of-state licensed elevator mechanic can request an emergency elevator mechanic license when an emergency exists and the number of licensed elevator mechanics in the State is insufficient. This license is valid for up to 30 days.,

Md. PUBLIC SAFETY Code Ann. 12-835

Scope of Practice: Physician Assistant Supervision during an Emergency

Other Medical Professional, Physician,

When an emergency declaration is in effect, a licensed physician assistant in this state or another state is allowed to work under the supervision of a Maryland licensed physician. The physician assistant must notify the Board of their location and the supervising physician.,

Md. HEALTH OCCUPATIONS Code Ann. 15-317

Temporary Volunteer License: Dentist

Dentist,

An out-of-state licensed dentist can apply for a temporary volunteer dentist's license to provide dentistry at temporary dental clinic. This license only lasts for the duration of the temporary dental clinic. A dentist holding a temporary volunteer dentist's license cannot administer, maintain, or monitor general anesthesia.,

Md. HEALTH OCCUPATIONS Code Ann. 4-308(d)

Retired License: Dental Hygienist

Other Medical Professional,

A retired dental hygienist can apply to have a volunteer license to provide their services without compensation in needy areas for at least 100 hours per year.,

Md. HEALTH OCCUPATIONS Code Ann. 4/308(g)

License Reciprocity: Retired Dentist

Dentist,

A retired dentist can apply to have a volunteer dentist's license to practice dentistry without compensation in needy areas for at least 100 hours per year.,

Md. HEALTH OCCUPATIONS Code Ann 4-308(c)

License Reciprocity: Emergency Medical Services

Emergency Medical Services Professional,

An individual authorized to provide emergency medical services in an adjoining state, and called on by a public safety agency to provide their services or to transport a patient, is not required to be licensed in Maryland. This person must follow the scope of practice of their license from their state.,

Md. EDUCATION Code Ann. 13-516(b)

Scope of Practice

Title

Profession

Summary

Temporary Volunteer License: Dental Hygienist

Other Medical Professional,

An out-of-state licensed dental hygienist can apply for a temporary volunteer license to provide their services at temporary dental clinic. This license only lasts for the duration of the temporary dental clinic. A dental hygienist holding a temporary volunteer license cannot administer local anesthesia or administer, maintain, or monitor nitrous oxide oxygen,

Md. HEALTH OCCUPATIONS Code Ann. 4-308(h)

Scope of Practice: Physician Assistant Supervision during an Emergency

Other Medical Professional, Physician,

When an emergency declaration is in effect, a licensed physician assistant in this state or another state is allowed to work under the supervision of a Maryland licensed physician. The physician assistant must notify the Board of their location and the supervising physician.,

Md. HEALTH OCCUPATIONS Code Ann. 15-317

Temporary Volunteer License: Dentist

Dentist,

An out-of-state licensed dentist can apply for a temporary volunteer dentist's license to provide dentistry at temporary dental clinic. This license only lasts for the duration of the temporary dental clinic. A dentist holding a temporary volunteer dentist's license cannot administer, maintain, or monitor general anesthesia.,

Md. HEALTH OCCUPATIONS Code Ann. 4-308(d)

License Reciprocity: Emergency Medical Services

Emergency Medical Services Professional,

An individual authorized to provide emergency medical services in an adjoining state, and called on by a public safety agency to provide their services or to transport a patient, is not required to be licensed in Maryland. This person must follow the scope of practice of their license from their state.,

Md. EDUCATION Code Ann. 13-516(b)

Workers' Benefits

Title

Profession

Summary

Workers' Compensation: Law Enforcement Officer Outside of Jurisdiction

Law Enforcement,

A law enforcement officer, who is acting outside of their home jurisdiction but within the state, is entitled to workers' compensation.,

Md. Courts and Judicial Proceedings Code Ann 5-605(c)

Workers' Compensation: Volunteer Firefighter or Rescue Squad Disability Benefit

Emergency Medical Services Professional, Firefighter,

A volunteer firefighter or a member of a rescue squad, who is injured while performing their duties in Maryland, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia, will be entitled to workers' compensation.,

Md. PUBLIC SAFETY Code Ann 7-202

Workers' Benefits: Civil Air Patrol, Civil Defense, Volunteer Firefighter, and Volunteer Rescue Squad Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an employer cannot terminate an employee for participating in an activity of civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad. The employee must submit written proof to their employer that their participation was required.,

Md. LABOR AND EMPLOYMENT Code Ann. 3-703

Workers' Compensation: Emergency Management Agency Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An enrolled volunteer of the Maryland Emergency Management Agency, who is injured or killed, is considered a covered employee and is entitled to workers' compensation.,

Md. LABOR AND EMPLOYMENT Code Ann. 9-232

Workers' Compensation: Law Enforcement

Emergency Medical Services Professional, Firefighter, Law Enforcement,

A law enforcement officer, volunteer or career firefighter or rescue squad member, or a hazardous material response team member, who is killed while performing their duties, is entitled to workers' compensation.,

Md. PUBLIC SAFETY Code Ann. 1-202(b)

Workers' Compensation: Civil Defense Emergency Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A civil defense emergency volunteer, who is injured or killed while performing their duties, will be considered a covered employee and is entitled to workers' compensation. They are not entitled to workers' compensation if they are covered by other workers' compensation.,

Md. LABOR AND EMPLOYMENT Code Ann. 9-232.1

Workers' Compensation: Volunteer Firefighter or Rescue Squad Death Benefit

Emergency Medical Services Professional, Firefighter,

A volunteer firefighter or a member of a rescue squad, who is killed while performing their duties in Maryland, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia, will be entitled to workers' compensation.,

Md. PUBLIC SAFETY Code Ann 7-203

Workers' Benefits: State Employee Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A state employee, who is a certified disaster service volunteer of the American Red Cross, is entitled to leave with regular pay to participate in disaster relief operations upon request of the American Red Cross and approval of employee's appointing authority. Leave will be granted only for services related to a disaster designated as level II or higher by the American Red Cross. During leave, the employee will not be considered a state employee for the purposes of workers' compensation or tort claims. This is limited to 15 work days in a 12 month period either consecutively or nonconsecutively .,

Md. STATE PERSONNEL AND PENSIONS Code Ann. 9-1102

Workers' Compensation: Volunteer for State Government

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A volunteer worker for a unit of the state government is considered an employee and will receive workers' compensation if injured or killed while performing their duties.,

Md. LABOR AND EMPLOYMENT Code Ann. 9-231.1

Workers' Compensation: Volunteer Law Enforcement

Law Enforcement,

A member of a volunteer law enforcement department, who is injured or killed while performing their duties, is considered a covered employee and are entitled to workers' compensation. This section does not apply to volunteer law enforcement departments in Allegany, Carroll, Cecil, Charles, Garrett, Queen Anne's, St. Mary's, Somerset, Washington, or Worcester County.,

Md. LABOR AND EMPLOYMENT Code Ann. 9-220