In this subtitle the following words have the meanings indicated. “Fire, rescue, or emergency medical services entity” means: a governmental subdivision, by its appropriate designated authority; a board or fire commission of a fire department or governmental subdivision; a fire department; a fire company; a rescue squad; or an emergency medical services unit, including an entity that provides emergency medical services at any level. “Mutual aid agreement” means an agreement to establish and carry out a plan to assist in extinguishing fires and preserving life and property by providing fire fighting, rescue, or emergency medical equipment, personnel, and services. “Mutual aid agreement” includes a reciprocal agreement entered into in accordance with this section and § 7–103 of this subtitle before July 1, 1989.

This subtitle shall be liberally construed in order to effect its purpose to provide mutual aid for a fire, rescue, or emergency medical services entity in time of need.

A fire, rescue, or emergency medical services entity may enter into and renew a mutual aid agreement in accordance with this section with: Delaware; the District of Columbia; Pennsylvania; Virginia; West Virginia; or a fire, rescue, or emergency medical services entity of this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage or personal injury that arises out of the mutual aid activities, including travel, of the party that provides assistance that occurs outside its own jurisdiction. The party that requests assistance need not indemnify the party that provides assistance if: the party that provides assistance does not cooperate in defending against a claim made by a third party; or the claim by a third party arises out of a malicious act of the party that provides assistance. Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party outside its own jurisdiction under the mutual aid agreement.

A fire, rescue, or emergency medical services entity may enter into an agreement with the federal government in accordance with this section to provide fire fighting or rescue activities on property under the jurisdiction of the United States. An agreement entered into under this section shall be limited to the provision of fire fighting or rescue equipment and personnel or both. An agreement entered into under this section shall include: a waiver by each party of any claim against any other party for compensation for any loss, damage, personal injury, or death that occurs in the performance of the agreement; a provision to indemnify and hold harmless each party to the agreement from any claim by a third party for property damage or personal injury, within the limitations permitted by federal law, that arise out of the activities of each party to the agreement; and a provision that entitles the fire, rescue, or emergency medical services entity to obtain reimbursement from the appropriate federal authority for all or part of the cost of providing fire protection on property under the jurisdiction of the United States in accordance with federal law. If an individual engaging in an activity authorized under this section sustains an injury that arises out of the activity, the individual is entitled to any or all benefits available under the Maryland Workers’ Compensation Act as the primary remedy for reimbursement of expenses for medical bills, loss of earnings, and disability that arises under or as a result of this section.

Each fire department in the State may have members trained in response measures that involve fire and other emergency techniques including, if approved by the Secretary of State Police, the use of helicopters or other equipment of the Department of State Police. On request of a fire chief at any location in the State, a firefighter or member of the Department of State Police who has been trained in the response measures described in subsection (a) of this section may function at that location.

For purposes of a workers’ compensation or other law or benefit that would accrue to an individual, career or volunteer, who is performing a service anywhere for a fire, rescue, or emergency medical services entity under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.

Necessary expenditures for purposes of this subtitle shall be made out of any appropriations usually available to a fire, rescue, or emergency medical services entity.