The District, a school, an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(Feb. 2, 2008, D.C. Law 17-107, § 12, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(f), 63 DCR 756.)

The 2016 amendment by D.C. Law 21-77 would have substituted “an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter” for “or an employee or agent of a school.”

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(f) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 day) addition, see § 8 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 8 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Section 8 of Law 17-52 added a section to read as follows:

“Sec. 8. Liability waiver.

“(a) No school nor any employee or agent of a school shall be held liable for the good-faith performance of responsibilities under this act.

“(b) Except as provided in subsection (a) of this section, nothing in this act shall be interpreted to create a cause of action or to increase or diminish the liability of any person.”

Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.