Please Note: The following summaries of legislation enacted during the 2004 Legislative Session were prepared by the Legal Services Division Staff for internal use by the Legislative Service Office.

This report is not an official publication of the Wyoming Legislature and does not purport to be an official statement of legislative intent concerning any measure enacted by the Legislature.

The bill summaries contained in this report were prepared as an aid to locating enacted legislation and as a brief recap of the major provisions of each bill. While the information provided in these summaries is accurate, the summaries are not intended as a detailed abstract and reference should be made to the enacted bills for more complete information.

Bill No.: HB0174 Drafter: JMC

LSO No.: 04LSO-0428.E2 Effective Date:

Enrolled Act No.: HEA0061

Chapter No.: 90

Prime Sponsor: Representative Johnson, L.

Catch Title: Volunteer health care professionals.

Subject: Amending immunity provisions relating to volunteer health care professionals and nonprofit health care facilities.

Summary/Major Elements:

• Under the current W.S. 1-1-129, volunteer health care professionals are offered immunity from civil liability in certain situations. For the immunity to apply and before the rendering of any services by the professional at a nonprofit health care facility, there must be a written agreement between the professional and the facility pursuant to which the professional will provide medical, dental or health care related diagnosis, care or treatment under the control of the facility to patients of the facility. In addition, the facility must maintain liability coverage of not less than one million dollars ($1,000,000.00) per occurrence.

• This bill amends W.S. 1-1-129 by specifying that:
• The section applies only to "volunteer" health care professionals and not to any other professionals who may offer services at the facilities;
• Liability insurance need not be maintained by the facility if coverage is maintained by all volunteer health care professionals at the facility; and
• The facility is liable for the negligence of a volunteer health care professional only in the circumstances and to the extent that the facility is required to maintain liability insurance coverage.