PETITION OF:

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In the Year Two Thousand and Seven.

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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, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 4I, the following new section 4J:--

Upon the department of public health’s declaration of an emergency for purposes of this section, a city or town may, upon request, provide emergency health care services and/or supplies to one 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 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 services and/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 authority, 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. 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 and/or supplies pursuant to this section shall reimburse the city or town sending such services and/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 as to prevent cities and towns from entering into agreements with one or more other cities and towns to provide public health emergency services and/or supplies to pursuant to the provisions of section 4A of this chapter.

In order to achieve efficiency, uniformity and security, the department of public health shall promulgate regulations defining the term “emergency” for the purposes of this section.