The District, a school, an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.
(Feb. 2, 2008, D.C. Law 17-107, § 12, 54 DCR 12230 ; Mar. 9, 2016, D.C. Law 21-77, § 2(f), 63 DCR 756 .)
Effect of Amendments
The 2016 amendment by D.C. Law 21-77 would have substituted “an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter” for “or an employee or agent of a school.”
Applicability
Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77 . Therefore the changes made to this section by D.C. Law 21-177 have been given effect.
Applicability of D.C. Law 21-77 : § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(f) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 day) addition, see § 8 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 8 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Temporary Legislation
Section 8 of Law 17-52 added a section to read as follows:
“Sec. 8. Liability waiver.
“(a) No school nor any employee or agent of a school shall be held liable for the good-faith performance of responsibilities under this act.
“(b) Except as provided in subsection (a) of this section, nothing in this act shall be interpreted to create a cause of action or to increase or diminish the liability of any person.”
Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.
