Pennsylvania Act 1992-1 — JUDICIAL CODE (42 PA.C.S.) - AMEND INMATE MEDICAL TREATMENT

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND INMATE MEDICAL TREATMENT
                   Act of Feb. 12, 1992, P.L. 1, No. 1                Cl. 42
                             Session of 1992
                                No. 1992-1

     SB 303

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing immunity to
        program administrators and supervisors; and providing for
        Commonwealth indemnity to municipal corporations relating to
        inmate medical treatment.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding sections to read:
      § 8340.  Immunity of program administrators and supervisors.
        Any probation officer or agent of the Pennsylvania Board of
     Probation and Parole and any public service or charitable agency
     or organization or political subdivision, or any official or
     employee thereof, supervising or administering any restitution
     or community service program approved by the court of common
     pleas or the Pennsylvania Board of Probation and Parole shall be
     immune from any civil action for damages brought by or on behalf
     of any person involved in the program or damages caused by any
     person involved in the program. Nothing in this section shall be
     construed to limit or otherwise affect or preclude liability
     resulting from gross negligence or intentional misconduct or
     reckless misconduct.
      § 8527.  Indemnity relating to inmate health care.
        The Commonwealth shall indemnify against liability a
     municipal corporation for a claim against the municipal
     corporation arising from an act or omission of the municipal
     corporation, its officials, its employees or agents when
     participating in a program for the provision of medical
     treatment in a health care facility to inmates from a
     Commonwealth correctional facility pursuant to a program
     authorized by the Department of Corrections. This
     indemnification shall not extend to claims of medical
     malpractice against any person nor to claims against the health
     care facility, its employees or agents nor to claims against the
     municipal corporation that are the result of gross negligence,
     wanton and reckless acts or intentional misconduct by the
     municipal corporation, its officials, employees or agents.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 12th day of Feburary, A. D. 1992.

     ROBERT P. CASEY