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Liability

Title

Profession

Summary

Liability: Prescribing, Administering, or Dispensing Opioid Antagonist

Other Medical Professional, Nurse, Physician, Pharmacist,

A health care provider, who, in good faith, prescribes, administers, or dispenses an opioid-antagonist to an individual in need, or to a family member or friend who can assist a person likely to experience an opioid-related overdose, will not be held legally responsible and will not be professionally disciplined.,

R.R.S. Neb. 28-4709(1)

Liability: Emergency Management 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 emergency management worker, who, in good faith, attempts to comply with emergency rules or orders, will not be held legally responsible. They can be held legally responsible if they act with extreme carelessness or intent to cause harm.,

R.R.S. Neb. 81-829.55(1)

Powers, Duties, Immunities, and Privileges: Emergency Management Worker Providing Aid in Another Jurisdiction

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 emergency management worker, who performs emergency management services under an agreement for mutual aid, will have the same powers, duties, immunities, and privileges as they would have in their home jurisdiction.,

R.R.S. Neb. 81-829.55(3)

Liability: Donation of Firefighting or Rescue Equipment

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 donates firefighting or rescue equipment to a fire department or locality, will not be held legally responsible for donating the equipment. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

R.R.S. Neb. 25-21,282

Good Samaritan Law

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 and without compensation, provides emergency care 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.,

R.R.S. Neb. 25-21,186

Liability: Physician Medical Director or EMT

Physician, Emergency Medical Services Professional,

A physician, who gives orders to an EMT at the scene of an emergency, and the EMT who follows the orders in accordance with their licensure, will not be held legally responsible. They can be held legally responsible if acting with carelessness.,

R.R.S. Neb. 38-1232(2)

Liability: EMT Failure to Obtain Consent

Emergency Medical Services Professional,

An EMT, who cannot obtain consent from an individual, but who provides emergency medical care anyway, will not be held legally responsible for providing care without consent.,

R.R.S. Neb. 38-1233

Liability: Volunteer Assisting in Hazardous Materials Discharge

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, who provides assistance or advice while attempting to prevent or clean up from an actual or imminent discharge of hazardous materials, will not be held legally responsible for acting or failing to act. They can be held legally responsible if they caused or contributed to the discharge of hazardous materials.,

R.R.S. Neb. 81-1568

Liability: Volunteer Fire or Emergency Department Personnel

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 a member of a volunteer fire department or a volunteer first-aid, rescue, or emergency squad and who, in good faith, provides services as a member of a volunteer fire department, first-aid, rescue, or emergency squad, will not be held legally responsible for acting or for failing to act. They can be held legally responsible if they cause injury or damage while operating a motor vehicle, or if they act with extreme carelessness or intent to cause harm.,

R.R.S. Neb. 35-107

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 food apparently fit for human consumption, will not be held legally responsible for the condition of the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

R.R.S. Neb. 25-21,189(1), (2)

Liability: Others Involved in EMT Providing Care

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,

No individual will be held legally responsible on the basis of an EMT providing out-of-hospital emergency care, within the limits of their licensure. The EMT providing the care can, however, be held legally responsible for their actions.,

R.R.S. Neb. 38-1234

Powers, Duties, Rights, Privileges, and Immunities: Emergency Response Team Personnel Providing Aid in Another Jurisdiction

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 a member of a state emergency response team and who is a governmental employee, will have the same powers, duties, rights, privileges, immunities, and entitlements, including regular compensation, as they would have in their home jurisdiction, regardless of where they are deployed. An individual, who is a member of a state emergency response team and who is not a governmental employee, is entitled to compensation from the state and will be protected from being legally responsible to the same extent as governmental employees.,

R.R.S. Neb. 81-829.53

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 who owns property and who, voluntarily and without compensation, allows others to use the property for shelter during an actual, threatened, or practice disaster will not be held legally responsible while allowing use of their property.,

R.R.S. Neb. 81-829.66

Liability: Use of an AED

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, provides emergency care by using an AED will not be held legally responsible for acting or for failing to act while providing emergency care. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This limitation on liability does not apply to on-duty health care professionals.,

R.R.S. Neb. 71-51,102

Liability: Emergency Responder or Law Enforcement Use of Opioid Antagonist

Emergency Medical Services Professional, Law Enforcement,

An emergency responder or law enforcement officer, who, in good faith, obtains and administers an opioid antagonist to a person who is believed to be suffering from an opioid-related overdose, will not be held legally responsible or be professionally disciplined.,

R.R.S. Neb. 28-470(3), (4)

Good Samaritan Law: EMT, Physician Assistant, Registered Nurse, or Licensed Practical Nurse

Other Medical Professional, Nurse, Emergency Medical Services Professional,

An EMT, physician assistant, registered nurse, or licensed practical nurse who, in good faith, provides emergency care will not be held legally responsible for acting or for failing to act. They can be held legally responsible if providing care while operating a motor vehicle, while under the influence of drugs or alcohol, or if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

R.R.S. Neb. 38-1232(1)

License Reciprocity

Title

Profession

Summary

License Reciprocity: Elevator Mechanic

Other Volunteer,

An individual who meets the Nebraska licensing requirements for an elevator mechanic, and who submits appropriate documentation within 5 days of beginning work, can obtain an emergency elevator mechanic license, valid for up to 30 days, from the state elevator inspector.,

Nebraska Admin. Code Title 230, Ch. 1-13

Temporary License: Physician Locum Tenens

Physician,

When an emergency declaration is in effect or during a public health emergency or other period of need, an individual who holds an active license to practice medicine and surgery, or osteopathic medicine and surgery in another state can apply for and obtain a physician locum tenens from the Division of Public Health of the Department of Health and Human Services and may practice for up to 90 days per year in Nebraska.,

Nebraska Admin. Code Title 172, Ch. 88-007

License Exemption: Out-of-State Employee

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 an employee of an out-of-state business, that assists with disaster relief efforts does not need to comply with Nebraska licensing laws.,

R.R.S. Neb. 48-3203(1)

Powers, Duties, Immunities, and Privileges: Emergency Management Worker Providing Aid in Another Jurisdiction

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 emergency management worker, who performs emergency management services under an agreement for mutual aid, will have the same powers, duties, immunities, and privileges as they would have in their home jurisdiction.,

R.R.S. Neb. 81-829.55(3)

Powers, Duties, Rights, Privileges, and Immunities: Emergency Response Team Personnel Providing Aid in Another Jurisdiction

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 a member of a state emergency response team and who is a governmental employee, will have the same powers, duties, rights, privileges, immunities, and entitlements, including regular compensation, as they would have in their home jurisdiction, regardless of where they are deployed. An individual, who is a member of a state emergency response team and who is not a governmental employee, is entitled to compensation from the state and will be protected from being legally responsible to the same extent as governmental employees.,

R.R.S. Neb. 81-829.53

Temporary License: Dentist

Dentist,

During a disaster, public health emergency, or other period of need, an individual who holds an active license to practice dentistry in another state can apply for and obtain a dental locum tenens from the Division of Public Health of the Department of Health and Human Services, and may practice for up to 90 days per year in Nebraska.,

Nebraska Admin. Code Title 172, Ch. 56-004

Temporary License: Veterinarian Locum Tenens

Veterinarian,

When an emergency declaration is in effect or during a public health emergency or other period of need, an individual who holds an active license to practice veterinary medicine in another state can apply for and obtain a veterinarian locum tenens from the Division of Public Health of the Department of Health and Human Services and may practice for up to 90 days per year in Nebraska.,

R.R.S. Neb. 38-3335

License: Emergency Management 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,

When an emergency declaration is in effect, an individual who holds a license to practice any professional, mechanical, or other skill does not need to comply with Nebraska licensing requirements to practice.,

R.R.S. Neb. 81-829.55(2)

Scope of Practice

Title

Profession

Summary

Powers, Duties, Immunities, and Privileges: Emergency Management Worker Providing Aid in Another Jurisdiction

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 emergency management worker, who performs emergency management services under an agreement for mutual aid, will have the same powers, duties, immunities, and privileges as they would have in their home jurisdiction.,

R.R.S. Neb. 81-829.55(3)

Powers, Duties, Rights, Privileges, and Immunities: Emergency Response Team Personnel Providing Aid in Another Jurisdiction

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 a member of a state emergency response team and who is a governmental employee, will have the same powers, duties, rights, privileges, immunities, and entitlements, including regular compensation, as they would have in their home jurisdiction, regardless of where they are deployed. An individual, who is a member of a state emergency response team and who is not a governmental employee, is entitled to compensation from the state and will be protected from being legally responsible to the same extent as governmental employees.,

R.R.S. Neb. 81-829.53

Workers' Benefits

Title

Profession

Summary

Employment Benefits: American Red Cross Certified Disaster Service 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 with the American Red Cross, can leave their job for up to 15 working days per year to participate in disaster relief services in Nebraska. They will not lose vacation time, sick leave, earned overtime, or pay while participating in the disaster relief services.,

R.R.S. Neb. 81-1391

Powers, Duties, Immunities, and Privileges: Emergency Management Worker Providing Aid in Another Jurisdiction

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 emergency management worker, who performs emergency management services under an agreement for mutual aid, will have the same powers, duties, immunities, and privileges as they would have in their home jurisdiction.,

R.R.S. Neb. 81-829.55(3)

Powers, Duties, Rights, Privileges, and Immunities: Emergency Response Team Personnel Providing Aid in Another Jurisdiction

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 a member of a state emergency response team and who is a governmental employee, will have the same powers, duties, rights, privileges, immunities, and entitlements, including regular compensation, as they would have in their home jurisdiction, regardless of where they are deployed. An individual, who is a member of a state emergency response team and who is not a governmental employee, is entitled to compensation from the state and will be protected from being legally responsible to the same extent as governmental employees.,

R.R.S. Neb. 81-829.53

Workers’ Benefits: Volunteer Emergency Responder

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 emergency responder, who misses work or who comes to work late, because they were deployed to respond to an emergency will not be fired or professionally disciplined by their regular employer. This provision only applies if the employer employs ten or more employees.,

R.R.S. Neb. 35-1403