Iowa first to enact new Good Samaritan bill

May 21, 2007

With the Governor's signature on May 11, 2007, Iowa became the first state to extend its statutory Good Samaritan liability protection to corporations and non-profit entities acting in good faith to provide emergency aid during a public health disaster. 

Section 21 of House File 925 extends liability coverage to "a person, corporation, or other legal entity, or an employee of or agent of such person, corporation, or entity, who, during a public health disaster, in good faith and at the request of or under the direction of the department or the department of public defense renders emergency care or assistance to the victim of a public health disaster..."

 House File 925 was passed unanimously by both the Iowa House and Senate. 

"Iowa can take pride in knowing they are the first state to enact such a provision as part of this important preparedness initiative to provide incentives to enable better public / private collaboration during emergencies," noted Gene Matthews, Project Director for the Public / Private Legal Preparedness Initiative at the North Carolina Institute for Public Health (NCIPH).

This initiative is part of a two-year project funded by the Alfred P. Sloan Foundation to improve emergency preparedness.  NCIPH, the service and outreach arm of the UNC School of Public Health, has been advising states, organizations, and interested parties about resolving legal issues within the public health, emergency management, business, and non-profit sectors in order to encourage better public / private emergency coordination.

View the full text of the bill (see House File 925, Section 21, on page 13, line 33).

The new Iowa statutory language reads as follows:

Sec. 21.  NEW SECTION.  135.147  IMMUNITY FOR EMERGENCY AID EXCEPTIONS.

1.  A person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, who, during a public health disaster, in good faith and at the request of or under the direction of the department or the department of public defense renders emergency care or assistance to a victim of the public health disaster shall not be liable for civil damages for causing the death of or injury to a person, or for damage to property, unless such acts or omissions constitute recklessness.

2.  The immunities provided in this section shall not apply to any person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, whose act or omission caused in whole or in part the public health disaster and who would otherwise be liable therefor.

The legislative explanatory language accompanying the bill on page 21, line 21, at the same link notes as follows:

The bill provides legal immunity for persons and entities, or employees or agents of such persons or entities, who in good faith and at the request of or under the direction of the department of public health or the department of public defense render emergency care or assistance during a public health disaster to a victim of such disaster.  Such immunity does not apply in the event of recklessness or to a person or entity, or employee or agent of such person or entity, whose act or omission caused the public health disaster and who would otherwise be liable therefore.