Effective 28 Aug 2018

44.105. Governor-declared state of emergency, suspension of certain state law provisions, when — volunteers, responsibilities of — staffing authority. — 1. In a governor-declared state of emergency, the governor may suspend any provision of chapters 195 and 334 pertaining to dispensing medications. Persons who dispense medications under this section shall be trained by the agency and shall dispense medications under the supervision of a licensed health care provider according to the agency's strategic national stockpile plan.

2. The agency may develop effective citizen involvement to recruit, train, and accept the services of volunteers to supplement the programs administered by the agency in dispensing medications to the population in the event of an emergency.

3. Volunteers recruited, trained, and accepted by the agency shall comply with the agency's strategic national stockpile plan in dispensing medications.

4. The agency may:

(1) Provide staff as deemed necessary for the effective management and development of volunteer dispensing sites deployed in response to a governor-declared emergency;

(2) Provide or assure access to professional staff as deemed necessary for the effective training and oversight of volunteers;

(3) Develop and provide to all volunteers written rules governing the job descriptions, recruitment, screening, training responsibility, utilization, and supervision of volunteers; and

(4) Educate volunteers to ensure that they understand their duties and responsibilities.

5. Nonhealth care professional volunteers, whose liability is not otherwise protected by section 44.045 shall be deemed unpaid employees and shall be accorded the protection of the legal expense fund and other provisions of section 105.711.

6. As used in this section, "volunteer" means any person who, of his or her own free will, performs any assigned duties for the agency with no monetary or material compensation.

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(L. 2007 H.B. 579, A.L. 2018 S.B. 975 & 1024 Revision)