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The 192nd General Court of the Commonwealth of Massachusetts

Section 111N: Indemnification of emergency medical technicians for certain expenses

Section 111N. Any city operating under a Plan D or Plan E charter which accepts this section by the affirmative vote of two-thirds of all the members of its city council, and any other city which accepts this section by a majority vote of its city council with the approval of the mayor, and any town which accepts this section by a majority vote of its inhabitants at an annual town meeting or a special town meeting upon application by a public employee of such city or town who is responsible for delivering emergency medical care pursuant to the provisions of section six of chapter one hundred and eleven C, hereinafter referred to as an emergency medical technician or, in the event of the physical or mental incapacity or death of such emergency medical technician by someone in his behalf, the board or officer of such city or town authorized to appoint the emergency medical technicians, shall determine whether it is appropriate under all the circumstances for such city or town to indemnify such emergency medical technician for his reasonable hospital, medical, surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for chiropody incurred as the natural and proximate result of an accident occurring or, of undergoing a hazard peculiar to his employment, while acting in the performance and within the scope of his duty without fault of his own. For the purposes of this section, ''duty'' shall include any assigned special detail whether or not the emergency medical technician was paid by the city or town. If such board or officer determines that such indemnification is appropriate, such board or officer shall certify for payment, either directly or by reimbursement, by such city or town, the amount of such expenses as may be specified in such certificate. Whenever such board or officer denies an application in whole or in part, such board or officer shall set forth in writing the reasons for such denial and cause a copy thereof to be delivered to the applicant. At any time within two years after the filing of an application as aforesaid, an applicant aggrieved by a denial in whole or in part of his application or by the failure of such board or officer to act thereon within six months from the filing thereof, may petition the superior court to determine whether such board or officer has failed to timely act on such an application or, in denying the application, in whole or in part, has committed an error of law has been arbitrary or capricious or has abused his discretion, or otherwise has acted not in accordance with law. After due notice and hearing, such court may order such board or officer to act on such application or to consider, or to further consider, and determine the same in conformity with law.

A city or town shall indemnify an emergency medical technician, in the manner and to the extent herein provided and subject to the same limitations for expenses or damages incurred by him in the defense of the settlement of a claim against him for acts done by him while operating a motor vehicle as such emergency medical technician.

Where the injury for which any payment is made pursuant to the provisions of this section by a city or town has been caused under circumstances creating a legal liability in some person to pay damages in respect thereof, either the emergency medical technician so injured or the city or town may proceed to enforce the liability of such person in any court of competent jurisdiction. The party bringing a successful action shall be entitled to any costs, interest and attorneys' fees incurred as a direct result of such action.

Whoever intentionally or negligently injures an emergency medical technician for which he is paid indemnification under this section shall be liable in tort to the city or town for the amount of indemnification so paid.