HOUSE DOCKET, NO. 1938        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2104

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act relative to mutual aid for local public health..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 40 of the General Laws is hereby amended by inserting after section 8G the following section:-

Section 8G1/2. A city or town may, upon request, provide emergency public health services, health care supplies or other public health assistance to 1 or more other cities and towns.  The mayor, board of selectmen, chief executive officer, or designee of such officer or board, shall approve any request to seek emergency assistance or other public health assistance from another city or town.  The mayor, board of selectmen, chief executive officer, or designee thereof, of any municipality from which assistance is sought shall approve the furnishing of any public health services or supplies in response to a request made in accordance with this section.  If the mayor, board of selectmen or chief executive officer delegates the authority conferred in accordance with this section, such delegation shall be reported to the department of public health.

Any personnel performing services in another city or town pursuant to a request approved in accordance with this section shall have the same immunities and privileges as such individual would have if acting in the city or town where such person is regularly employed or serves in a volunteer capacity and shall have such authority as determined necessary by the receiving city or towns mayor, board of selectman, chief executive officer, or designee of such officer or board.  Any person authorized to perform services for another city or town pursuant to a request authorized in accordance with this section shall be entitled to the same compensation as said individual receives when providing services in the city or town where such person is regularly employed.  The city or town receiving services or supplies pursuant to this section shall reimburse the city or town sending such services or supplies for all costs associated therewith, including but not limited to the costs of salaries, employment benefits and travel expenses.

Nothing in this section shall be construed to prevent cities and towns from entering into agreements with 1 or more other cities and towns to provide public health emergency services, health care supplies or other public health assistance pursuant to the provisions of section 4A.