Section 455B.393. Liability of state employees or persons providing assistance.

  1.  A person employed by the state is not liable for damages incurred as a result of actions taken by the person when acting in the person’s official capacity pursuant to this part, rules adopted pursuant to this part and the hazardous condition contingency plan.

  2.  A person who provides assistance at the request of the department or by previous agreement with the department in the event of a hazardous condition is not liable in a civil action for damages as a result of that person’s acts or omissions in rendering the assistance. This section does not relieve a person from civil damages in any of the following circumstances:

  a.  If the person providing assistance is also the person having control over the hazardous substance which created the hazardous condition.

  b.  If the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment.

  c.  For acts or omissions which result from intentional wrongdoing or gross negligence.

84 Acts, ch 1108, §5