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Ch. 74
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Martin O'Malley, Governor
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(3) (i) Except as provided in subparagraph (ii) of this
paragraph, a mutual aid agreement shall provide that the party
requesting assistance under the agreement shall indemnify and
hold harmless the public health laboratory that provides
assistance and its authorized personnel from any claim by a third
party for property damage, personal injury, or wrongful death
that arises out of activities, including travel, that are authorized
by the agreement.
(ii) the party that requests assistance need not
indemnify the party that provides assistance if:
1. The party that provides assistance does
not cooperate in defending against a claim made by a third party;
2. the claim by a third party arises out of a
malicious or grossly negligent act of the party that provides
assistance; or
3. the claim by a third party arises out of an
act that is outside of the scope of the duties under the agreement
of the party that provides assistance.
(4) a mutual aid agreement shall provide that each
party to the agreement shall waive any claim against any other
parties to the agreement if the claim arises out of the activities of
a party that are within the scope of the agreement and that are
performed without malice or gross negligence.
(d) (l) Subject to paragraph (2) of this subsection, an
employee of a public health laboratory who has been trained and
certified by the director of the employee's public health
laboratory may travel to and provide services at the location of
the emergency under a mutual aid agreement at the request of the
secretary, the secretary's designee, or an individual from another
state with equivalent authority under the agreement.
(2) an employee may not travel to or provide services at
the location of the emergency under a mutual aid agreement until
the Secretary, the Secretary's designee, or equivalent authority in
another state approves the employee to travel to and provide
services at the location of the emergency.
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- 929 -
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