HB0282 - Volunteer health care professionals-immunity from liability.
|
2001 |
State of Wyoming |
01LSO-0338 |
HOUSE BILL NO. HB0282
Volunteer health care professionals-immunity from
liability.
Sponsored by: Representative(s) Johnson, L., Meuli,
Shivler, Slater and Warren and Senator(s)
Devin, Massie and Mockler
A BILL
for
1 AN ACT relating to volunteer health care
professionals;
2 providing immunity from liability for a
volunteer health
3 care professional at a nonprofit health
care facility as
4 specified; requiring a nonprofit health
care facility be
5 insured; providing exceptions to immunity
from liability;
6 providing a volunteer license for retired
nurses,
7 pharmacists, physicians, osteopaths and
physician
8 assistants and dentists and dental
hygienists as specified;
9 and providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13
Section 1. W.S. 1-1-129,
33-21-157, 33-24-302,
14 33-26-601 and 33-15-131 are created to read:
15
Page 1
1
1-1-129. Immunity from liability
for volunteer health
2
care professionals; insurance required of nonprofit health
3
care facility.
4
5 (a) As used in this section:
6
7
(i) "Health care professional"
means any of the
8 following who provide medical or dental
diagnosis, care or
9 treatment:
10
11
(A) Physicians, osteopaths and physician
12 assistants licensed to practice as provided in W.S.
title
13 33, chapter 26;
14
15
(B) All nurses licensed to practice as
16 provided in W.S. title 33, chapter 21;
17
18
(C) Pharmacists licensed to practice as
19 provided in W.S. title 33, chapter 24; and
20
21
(D) Dentists and dental hygienists
licensed
22 to practice as provided in W.S. title 33, chapter 15.
23
Page 2
1
(ii) "Indigent and uninsured
person" means a
2 person who meets all of the following
requirements:
3
4
(A) The person's income is not greater
than
5 two hundred fifty percent (250%) of the current
poverty
6 line as defined by federal law, as amended;
7
8
(B) The person currently is not receiving
9 medical, disability or other assistance under
any federal
10 or state government health care program; and
11
12 (C) Either of the following applies:
13
14
(I) The person is not a policyholder,
15 certificate holder, insured, contract holder,
subscriber,
16 enrollee, member, beneficiary or other covered
individual
17 under a health insurance or health care policy,
contract or
18 plan; or
19
20
(II) The person is a policyholder,
21 certificate holder, insured, contract holder,
subscriber,
22 enrollee, member, beneficiary or other covered
individual
23 under a health insurance or health care policy,
contract or
24 plan, but the insurer, policy, contract or plan
denies
Page 3
1 coverage or is the
subject of insolvency or bankruptcy
2 proceedings in any jurisdiction.
3
4
(iii) "Operation" means any
procedure that
5 involves cutting or otherwise infiltrating human
tissue by
6 mechanical means, including surgery, laser
surgery,
7 ionizing radiation, therapeutic ultrasound or
the removal
8 of intraocular foreign bodies.
"Operation" does not include
9 the administration of medication by injection,
unless the
10 injection is administered in conjunction with a
procedure
11 infiltrating human tissue by mechanical means other
than
12 the administration of medicine by injection;
13
14
(iv) "Nonprofit health care
facility" means a
15 charitable nonprofit corporation or association
organized
16 and operated under W.S. title 17, chapter 19 or
chapter 22,
17 or any charitable organization not organized and not
18 operated for profit, that provides health care
services to
19 indigent and uninsured persons, except that
"health care
20 facility" does not include a hospital, including
a swing
21 bed hospital, facility or center defined under W.S.
22 35-2-901 or any other medical facility that is
operated for
23 profit;
24
Page 4
1
(v) "Tort action" means a civil
action for
2 damages for injury, death or loss to person or
property
3 other than a civil action for damages for a
breach of
4 contract or another agreement between persons or
government
5 entities;
6
7
(vi) "Volunteer" means an
individual who
8 provides any medical, dental or other health
care related
9 diagnosis, care or treatment without the
expectation of
10 receiving, and without receipt of, any compensation
or
11 other form of remuneration from an indigent and
uninsured
12 person, another person on behalf of an indigent and
13 uninsured person, any health care facility or any
other
14 person or government entity.
15
16
(b) Subject to subsection (d) of this section, a
17 health care professional who is a volunteer and
complies
18 with subsection (c) of this section is not liable in
19 damages to any person or government entity in a tort
or
20 other civil action, including an action on a medical,
21 dental or other health-related claim for injury,
death or
22 loss to person or property that allegedly arises from
an
23 action or omission of the volunteer in the provision
at a
24 nonprofit health care facility to an indigent and
uninsured
Page 5
1 person of medical,
dental or other health-related
2 diagnosis, care or treatment, including the
provision of
3 samples of medicine and other medical or dental
products,
4 unless the action or omission constitutes
willful or wanton
5 misconduct.
6
7
(c) To qualify for immunity under subsection (b) of
8 this section, a health care professional shall
do all of
9 the following prior to providing diagnosis, care
or
10 treatment:
11
12
(i) Determine, in good faith, that the
indigent
13 and uninsured person is mentally capable of giving
informed
14 consent to the provision of the diagnosis, care or
15 treatment and is not subject to duress or under undue
16 influence;
17
18
(ii) Inform the person of the provisions
of this
19 section either personally or by means of a writing so
20 stating provided by the nonprofit health care
facility and
21 signed by the person, or by another individual on
behalf
22 of, and in the presence of, the person; and
23
Page 6
1
(iii) Obtain the informed consent of the person
2 and a written waiver, signed by the person, or
by another
3 individual on behalf of, and in the presence of,
the
4 person, that states that the person is mentally
competent
5 to give informed consent, and without being
subject to
6 duress or under undue influence, gives informed
consent to
7 the provision of the diagnosis, care or
treatment subject
8 to the provisions of this section.
9
10
(d) Except as provided in this subsection, the
11 immunities provided by subsection (b) of this section
are
12 not available to a health care professional, if at
the time
13 of an alleged injury, death or loss to person or
property,
14 the health care professional involved was performing
an
15 operation or delivering a baby. This subsection does
not
16 apply to a health care professional who provides
diagnosis,
17 care or treatment or performs an operation or
delivers a
18 baby when necessary to preserve the life of a person
in a
19 medical emergency.
20
21
(e) In order for the immunity under subsection (b) of
22 this section to apply and before the rendering of any
23 services by the health care professional at the
nonprofit
24 health care facility, there must be a written
agreement
Page 7
1 between the health care
professional and the facility
2 pursuant to which the health care professional
will provide
3 medical, dental or health care related
diagnosis, care or
4 treatment under the control of the facility to
patients of
5 the facility.
6
7
(f) A nonprofit health care facility entering into a
8 written agreement under subsection (e) of this
section
9 shall maintain liability coverage of not less
than one
10 million dollars ($1,000,000.00) per occurrence. A
nonprofit
11 health care facility shall not be relieved of
liability for
12 the negligent acts of a health care professional
providing
13 diagnosis, care or treatment at the facility.
14
15 33-21-157. Nurses volunteer license.
16
17
(a) As used in this section, "indigent and uninsured
18 person," "nonprofit health care
facility," and "operation"
19 have the same meanings as in W.S. 1-1-129.
20
21
(b) For purposes of this section, a person shall be
22 considered retired from practice if the person's
license or
23 certificate has expired.
24
Page 8
1
(c) The state board of nursing may issue, without
2 examination, a volunteer's certificate to a
person who is
3 retired from practice so that the person may
provide
4 nursing services to indigent and uninsured
persons at
5 nonprofit health care facilities. The board
shall deny
6 issuance of a volunteer's certificate to a
person who is
7 not qualified under this section to hold a
volunteer's
8 certificate.
9
10
(d) An application for a volunteer's certificate
11 shall include all of the following:
12
13 (i) A copy of the applicant's nursing degree;
14
15 (ii) One (1) of the following, as applicable:
16
17
(A) A copy of the applicant's most recent
18 license or certificate authorizing the practice of
nursing
19 issued by a jurisdiction in the United States that
licenses
20 persons to practice nursing; or
21
22
(B) A copy of the applicant's most recent
23 license equivalent to a license to practice nursing
in one
Page 9
1 (1) or more branches of
the United States armed services
2 that the United States government issued.
3
4
(iii) Evidence of one (1) of the following,
as
5 applicable:
6
7
(A) That the applicant has maintained for
8 at least ten (10) years immediately prior to
retirement
9 full licensure in good standing in any
jurisdiction in the
10 United States that licenses persons to practice
nursing; or
11
12
(B) That the applicant has practiced for
at
13 least ten (10) years immediately prior to retirement
in
14 good standing as a nurse in one (1) or more of the
branches
15 of the United States armed services; and
16
17
(iv) A notarized statement from the
applicant,
18 on a form prescribed by the board, that the
applicant:
19
20
(A) Will not accept any form of
21 remuneration for any nursing services rendered while
in
22 possession of a volunteer's certificate;
23
Page 10
1
(B) Will devote his practice exclusively
2 and totally to providing medical services to
indigent and
3 uninsured persons at a nonprofit health care
facility in
4 this state; and
5
6
(C) Will provide any other documentation
7 that the board reasonably may require.
8
9
(e) The holder of a volunteer's certificate may
10 provide nursing services only on the premises of a
11 nonprofit health care facility in this state and only
to
12 indigent and uninsured persons. The holder shall not
accept
13 any form of remuneration for providing nursing
services
14 while in possession of the certificate. The board may
15 revoke a volunteer's certificate on receiving proof
16 satisfactory to the board that the holder has engaged
in
17 practice in this state outside the scope of the
18 certificate.
19
20
(f) A volunteer's certificate shall be valid for a
21 period of one (1) year, unless earlier revoked under
22 subsection (e) of this section or pursuant to W.S.
title
23 33, chapter 21. A volunteer's certificate may be
renewed
24 upon the application of the holder. The board shall
Page 11
1 maintain a register of
all persons who hold volunteer's
2 certificates. The board shall not charge a fee
for issuing
3 or renewing a certificate pursuant to this
section.
4
5
(g) To be eligible for renewal of a volunteer's
6 certificate, the holder of the certificate shall
certify to
7 the board completion of any continuing education
required
8 under W.S. title 33, chapter 21 as if the holder
of the
9 certificate was in active practice. The board
shall not
10 renew a certificate if the holder has not complied
with the
11 continuing education requirements. The nonprofit
health
12 care facility in which the holder provides nursing
services
13 may pay for or reimburse the holder for any costs
incurred
14 in obtaining the required continuing education.
15
16
(h) The board shall issue to each person who
17 qualifies under this section a volunteer's
certificate that
18 states that the certificate holder is authorized to
provide
19 nursing services pursuant to the laws of this state.
20
21
(j) The holder of a volunteer's certificate issued
22 pursuant to this section is subject to the immunity
23 provisions in W.S. 1-1-129.
24
Page 12
1
(k) The board shall adopt rules to administer and
2 enforce this section.
3
4 -24-302. Pharmacist volunteer license.
5
6
(a) As used in this section, "indigent and uninsured
7 person," "nonprofit health care
facility," and "operation"
8 have the same meanings as in W.S. 1-1-129.
9
10
(b) For purposes of this section, a person shall be
11 considered retired from practice if the person's
license or
12 certificate has expired.
13
14
(c) The state board of pharmacy may issue, without
15 examination, a volunteer's certificate to a person
who is
16 retired from practice so that the person may provide
17 pharmacological services to indigent and uninsured
persons
18 at nonprofit health care facilities. The board shall
deny
19 issuance of a volunteer's certificate to a person who
is
20 not qualified under this section to hold a
volunteer's
21 certificate.
22
23
(d) An application for a volunteer's certificate
24 shall include all of the following:
Page 13
1
2 (i) A copy of the applicant's pharmacy degree;
3
4 (ii) One (1) of the following, as applicable:
5
6
(A) A copy of the applicant's most recent
7 license or certificate authorizing the practice
of pharmacy
8 issued by a jurisdiction in the United States
that licenses
9 persons to practice pharmacy; or
10
11
(B) A copy of the applicant's most recent
12 license equivalent to a license to practice pharmacy
in one
13 (1) or more branches of the United States armed
services
14 that the United States government issued.
15
16
(iii) Evidence of one (1) of the following,
as
17 applicable:
18
19
(A) That the applicant has maintained for
20 at least ten (10) years immediately prior to
retirement
21 full licensure in good standing in any jurisdiction
in the
22 United States that licenses persons to practice
pharmacy;
23 or
24
Page 14
1
(B) That the applicant has practiced for
at
2 least ten (10) years immediately prior to
retirement in
3 good standing as a pharmacist in one (1) or more
of the
4 branches of the United States armed services;
and
5
6
(iv) A notarized statement from the
applicant,
7 on a form prescribed by the board, that the
applicant:
8
9
(A) Will not accept any form of
10 remuneration for any pharmacological services
rendered
11 while in possession of a volunteer's certificate;
12
13
(B) Will devote his practice exclusively
14 and totally to providing pharmacological services to
15 indigent and uninsured persons at a nonprofit health
care
16 facility in this state; and
17
18
(C) Will provide any other documentation
19 that the board reasonably may require.
20
21
(e) The holder of a volunteer's certificate may
22 provide pharmacological services only on the premises
of a
23 nonprofit health care facility in this state and only
to
24 indigent and uninsured persons. The holder shall not
accept
Page 15
1 any form of
remuneration for providing pharmacological
2 services while in possession of the certificate.
The board
3 may revoke a volunteer's certificate on
receiving proof
4 satisfactory to the board that the holder has
engaged in
5 practice in this state outside the scope of the
6 certificate.
7
8
(f) A volunteer's certificate shall be valid for a
9 period of one (1) year, unless earlier revoked
under
10 subsection (e) of this section or pursuant to W.S.
title
11 33, chapter 24. A volunteer's certificate may be
renewed
12 upon the application of the holder. The board shall
13 maintain a register of all persons who hold volunteer's
14 certificates. The board shall not charge a fee for
issuing
15 or renewing a certificate pursuant to this section.
16
17
(g) To be eligible for renewal of a volunteer's
18 certificate, the holder of the certificate shall
certify to
19 the board completion of any continuing education
required
20 under W.S. title 33, chapter 24 as if the holder of
the
21 certificate was in active practice. The board shall
not
22 renew a certificate if the holder has not complied
with the
23 continuing education requirements. The nonprofit
health
24 care facility in which the holder provides
pharmacological
Page 16
1 services may pay for or
reimburse the holder for any costs
2 incurred in obtaining the required continuing education.
3
4
(h) The board shall issue to each person who
5 qualifies under this section a volunteer's
certificate that
6 states that the certificate holder is authorized
to provide
7 pharmacological services pursuant to the laws of
this
8 state.
9
10
(j) The holder of a volunteer's certificate issued
11 pursuant to this section is subject to the immunity
12 provisions in W.S. 1-1-129.
13
14
(k) The board shall adopt rules to administer and
15 enforce this section.
16
17 ARTICLE 6
18 VOLUNTEER PHYSICIANS AND PHYSICIAN ASSISTANTS
19
20
33-26-601. Physician and
physician assistant special
21 volunteer
license.
22
Page 17
1
(a) As used in this section, "indigent and uninsured
2 person," "nonprofit health care
facility," and "operation"
3 have the same meanings as in W.S. 1-1-129.
4
5
(b) For purposes of this section, a person shall be
6 considered retired from practice if the person's
license or
7 certificate has expired.
8
9
(c) The state board of medicine may issue, without
10 examination, a volunteer's certificate to a person who
is
11 retired from practice so that the person may provide
12 medical services to indigent and uninsured persons at
13 nonprofit health care facilities. The board shall
deny
14 issuance of a volunteer's certificate to a person who
is
15 not qualified under this section to hold a
volunteer's
16 certificate.
17
18
(d) An application for a volunteer's certificate
19 shall include all of the following:
20
21
(i) A copy of the applicant's medical or
22 physician assistant degree;
23
24 (ii) One (1) of the following, as applicable:
Page 18
1
2
(A) A copy of the applicant's most recent
3 license or certificate authorizing the practice
of medicine
4 issued by a jurisdiction in the United States
that licenses
5 persons to practice medicine; or
6
7
(B) A copy of the applicant's most recent
8 license equivalent to a license to practice
medicine in one
9 (1) or more branches of the United States armed
services
10 that the United States government issued.
11
12
(iii) Evidence of one (1) of the following,
as
13 applicable:
14
15
(A) That the applicant has maintained for
16 at least ten (10) years immediately prior to
retirement
17 full licensure in good standing in any jurisdiction
in the
18 United States that licenses persons to practice
medicine or
19 osteopathy or to practice as a physician assistant;
or
20
21
(B) That the applicant has practiced for
at
22 least ten (10) years immediately prior to retirement
in
23 good standing as a doctor of medicine or osteopathy
or as a
Page 19
1 physician assistant in
one (1) or more of the branches of
2 the United States armed services; and
3
4
(iv) A notarized statement from the
applicant,
5 on a form prescribed by the board, that the
applicant:
6
7
(A) Will not accept any form of
8 remuneration for any medical services rendered
while in
9 possession of a volunteer's certificate;
10
11
(B) Will devote his practice exclusively
12 and totally to providing medical services to indigent
and
13 uninsured persons at a nonprofit health care facility
in
14 this state; and
15
16
(C) Will provide any other documentation
17 that the board reasonably may require.
18
19
(e) The holder of a volunteer's certificate may
20 provide medical services only on the premises of a
21 nonprofit health care facility in this state and only
to
22 indigent and uninsured persons. The holder shall not
accept
23 any form of remuneration for providing medical
services
24 while in possession of the certificate. The board may
Page 20
1 revoke a volunteer's
certificate on receiving proof
2 satisfactory to the board that the holder has
engaged in
3 practice in this state outside the scope of the
4 certificate.
5
6
(f) A volunteer's certificate shall be valid for a
7 period of one (1) year, unless earlier revoked
under
8 subsection (e) of this section or pursuant to
W.S. title
9 33, chapter 26. A volunteer's certificate may be
renewed
10 upon the application of the holder. The board shall
11 maintain a register of all persons who hold
volunteer's
12 certificates. The board shall not charge a fee for
issuing
13 or renewing a certificate pursuant to this section.
14
15
(g) To be eligible for renewal of a volunteer's
16 certificate, the holder of the certificate shall
certify to
17 the board completion of any continuing education
required
18 under W.S. title 33, chapter 26 as if the holder of
the
19 certificate was in active practice. The board shall
not
20 renew a certificate if the holder has not complied
with the
21 continuing education requirements. The nonprofit
health
22 care facility in which the holder provides medical
services
23 may pay for or reimburse the holder for any costs
incurred
24 in obtaining the required continuing education.
Page 21
1
2
(h) The board shall issue to each person who
3 qualifies under this section a volunteer's
certificate that
4 states that the certificate holder is authorized
to provide
5 medical services pursuant to the laws of this
state.
6
7
(j) The holder of a volunteer's certificate issued
8 pursuant to this section is subject to the
immunity
9 provisions in W.S. 1-1-129.
10
11
(k) The board shall adopt rules to administer and
12 enforce this section.
13
14
33-15-131. Dentist and dental
hygienist volunteer
15 license.
16
17
(a) As used in this section, "indigent and uninsured
18 person," "nonprofit health care
facility," and "operation"
19 have the same meanings as in W.S. 1-1-129.
20
21
(b) For purposes of this section, a person shall be
22 considered retired from practice if the person's
license or
23 certificate has expired.
24
Page 22
1
(c) The state board of dental examiners may issue,
2 without examination, a volunteer's certificate
to a person
3 who is retired from practice so that the person
may provide
4 dental services to indigent and uninsured
persons at
5 nonprofit health care facilities. The board
shall deny
6 issuance of a volunteer's certificate to a
person who is
7 not qualified under this section to hold a
volunteer's
8 certificate.
9
10
(d) An application for a volunteer's certificate
11 shall include all of the following:
12
13
(i) A copy of the applicant's dentistry
or
14 dental hygienist degree;
15
16 (ii) One (1) of the following, as applicable:
17
18
(A) A copy of the applicant's most recent
19 license or certificate authorizing the practice of
20 dentistry or dental hygiene issued by a jurisdiction
in the
21 United States that licenses persons to practice
dentistry
22 or dental hygiene; or
23
Page 23
1
(B) A copy of the applicant's most recent
2 license equivalent to a license to practice
dentistry or
3 dental hygiene in one (1) or more branches of
the United
4 States armed services that the United States
government
5 issued.
6
7
(iii) Evidence of one (1) of the following,
as
8 applicable:
9
10
(A) That the applicant has maintained for
11 at least ten (10) years immediately prior to
retirement
12 full licensure in good standing in any jurisdiction
in the
13 United States that licenses persons to practice as a
14 dentist or dental hygienist; or
15
16
(B) That the applicant has practiced for at
17 least ten (10) years immediately prior to retirement
in
18 good standing as a dentist or dental hygienist in one
(1)
19 or more of the branches of the United States armed
20 services; and
21
22
(iv) A notarized statement from the
applicant,
23 on a form prescribed by the board, that the
applicant:
24
Page 24
1
(A) Will not accept any form of
2 remuneration for any dental or dental hygiene
services
3 rendered while in possession of a volunteer's
certificate;
4
5
(B) Will devote his practice exclusively
6 and totally to providing dental or dental
hygiene services
7 to indigent and uninsured persons at a nonprofit
health
8 care facility in this state; and
9
10
(C) Will provide any other documentation
11 that the board reasonably may require.
12
13
(e) The holder of a volunteer's certificate may
14 provide dental or dental hygiene services only on the
15 premises of a nonprofit health care facility in this
state
16 and only to indigent and uninsured persons. The
holder
17 shall not accept any form of remuneration for
providing
18 dental or dental hygiene services while in possession
of
19 the certificate. The board may revoke a volunteer's
20 certificate on receiving proof satisfactory to the
board
21 that the holder has engaged in practice in this state
22 outside the scope of the certificate.
23
Page 25
1
(f) A volunteer's certificate shall be valid for a
2 period of one (1) year, unless earlier revoked
under
3 subsection (e) of this section or pursuant to
W.S. title
4 33, chapter 15. A volunteer's certificate may be
renewed
5 upon the application of the holder. The board
shall
6 maintain a register of all persons who hold
volunteer's
7 certificates. The board shall not charge a fee
for issuing
8 or renewing a certificate pursuant to this
section.
9
10
(g) To be eligible for renewal of a volunteer's
11 certificate, the holder of the certificate shall
certify to
12 the board completion of any continuing education
required
13 under W.S. title 33, chapter 15 as if the holder of
the
14 certificate was in active practice. The board shall
not
15 renew a certificate if the holder has not complied
with the
16 continuing education requirements. The nonprofit
health
17 care facility in which the holder provides dental or
dental
18 hygiene services may pay for or reimburse the holder
for
19 any costs incurred in obtaining the required
continuing
20 education.
21
22
(h) The board shall issue to each person who
23 qualifies under this section a volunteer's
certificate that
24 states that the certificate holder is authorized to
provide
Page 26
1 dental or dental
hygiene services pursuant to the laws of
2 this state.
3
4
(j) The holder of a volunteer's certificate issued
5 pursuant to this section is subject to the
immunity
6 provisions in W.S. 1-1-129.
7
8
(k) The board shall adopt rules to administer and
9 enforce this section.
10
11
Section 2. W.S.
33-15-128(a)(xvii), 33-21-120(a)(xii)
12 and 33-24-101(b) are amended to read:
13
14 33-15-128. Definitions.
15
16 (a) As used in this act:
17
18
(xvii) "This act" means W.S.
33-15-101 through
19 33-15-130 33-15-131 and may be cited as the "Wyoming
Dental
20 Practice Act."
21
22 33-21-120. Definitions.
23
24 (a) As used in this act:
Page 27
1
2
(xii) "This act" means W.S.
33-21-119 through
3 33-21-156 33-21-157.
4
5 33-24-101. Short title; definition.
6
7
(b) "This act" means W.S. 33-24-101 through 33-24-301
9
10 Section 3. This act is effective July 1, 2001.
11
12 (END)
Page 28