Effective - 11 Oct 2013
*191.1112. Volunteer crisis response teams — definitions — immunity from liability, inapplicability of. — 1. For purposes of this section, the following terms shall mean:
(1) "Crisis intervention", a session at which crisis response services are rendered by a critical incident stress management team member or qualified mental health professional during or after a crisis or disaster;
(2) "Crisis response services", consultation, risk assessment, referral, and crisis intervention services provided by a critical incident stress management team or qualified mental health professional or paraprofessional trained within the Federal Emergency Management Agency (FEMA) Crisis Counseling Program or in psychological first aid to individuals affected by crisis or disaster;
(3) "Critical incident stress management team member" or "team member", an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in a registered critical incident stress management team;
(4) "Registered team", a team formally registered with a recognized training agency. For purposes of this section, a recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the National Red Cross, the Missouri department of mental health, and other such organizations;
(5) "Training session", a session providing crisis response training by a qualified trainer utilizing the standards established by the accrediting agencies set out in subdivision (4) of this subsection;
(6) "Volunteer", a person who serves and receives no remuneration for services except reimbursement for actual expenses.
2. (1) Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or infliction of emotional distress of any participant to the crisis intervention that is caused by the act or omission of a crisis response team member during the course of a crisis intervention.
(2) No volunteer crisis response team member who participates in a crisis intervention conducted within generally accepted protocols of a registered team, as defined by a nationally recognized accrediting agency, shall be liable for any civil damages for any act or omission resulting from the rendering of such services, unless the act or omission was the result of such person's gross deviation from the ordinary standard of care or willful misconduct.
(3) Subdivision (1) of this subsection shall not apply unless the intervention or training is conducted within generally accepted protocols of a registered team, as defined by a nationally recognized accrediting agency.
3. The tort immunity in subsection 2 of this section shall not apply if:
(1) The team member acted with actual malice or willful intent to injure the subject;
(2) The team member acted outside the scope of assigned duties;
(3) The team member acted without team coordination and dispatch;
(4) The action involved the commission of a crime;
(5) The action involved sexual harassment, or sexual or physical abuse;
(6) The actions involved any form of moral turpitude or moral misconduct; or
(7) If damages resulted from gross deviation from the ordinary standard of care or willful misconduct.
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(L. 2013 S.B. 129)
*Effective 10-11-13, see § 21.250. S.B. 129 was vetoed July 3, 2013. The veto was overridden on September 11, 2013.