WEST virginia legislature
2017 regular session
for
By Senators Gaunch,
Trump, Boso, Blair, Rucker, Jeffries, Stollings, Woelfel and Sypolt
[Originating in the Committee on
A BILL to amend and
reenact §30-3-10a of the
Code of West Virginia, 1931, as amended; to amend and reenact §30-3E-14; to amend and reenact §30-4-15 of said code; to amend and reenact §30-5-17 of said code; to amend and reenact §30-7-6a of said code; to amend said code by adding thereto
a new section, designated §30-7A-6a; to amend
and reenact §30-8-16 of said
code; to amend and reenact §30-14-12b of said
code; to amend said code by adding thereto a new section, designated §30-16-7a; to amend
and reenact §30-20-13 of said
code; to amend and reenact §30-21-17 of said code; and to amend and reenact §30-28-8a of said code, all relating to allowing specified
licensed health care professionals to donate time to the care of indigent and
needy in a clinical setting; providing for special volunteer license for
licensed practical nurses and chiropractors; and providing that a special
volunteer license for any health care professional for which a special
volunteer license is allowed is not required for a charitable function not
exceeding seven days.
Be it enacted by the
Legislature of West Virginia:
That §30-3-10a of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §30-3E-14 of said
code be amended and reenacted; that §30-4-15 of said
code be amended and reenacted; that §30-5-17 of said
code be amended and reenacted; that §30-7-6a of said
code be amended and reenacted; that said code be amended by adding thereto a
new section, designated §30-7A-6a; that §30-8-16 of said code be amended and reenacted; that §30-14-12b of said code be amended and reenacted; that said
code be amended by adding thereto a new section, designated §30-16-7a; that §30-20-13 of said
code be amended and reenacted; that §30-21-17 of said code be amended and reenacted; and that §30-28-8a of said
code be amended and reenacted, all to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10a. Special volunteer medical license; civil immunity
for voluntary services rendered to indigents.
(a) There is hereby
established a special volunteer medical license for physicians retired or
retiring from the active practice of medicine who wish to donate their
expertise for the medical care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer medical
license shall be issued by the West Virginia Board of Medicine to physicians
licensed or otherwise eligible for licensure under this article and the rules
promulgated hereunder without the payment of any application fee, license fee
or renewal fee, shall be issued for a fiscal year or part thereof, and shall be
renewable annually. The board shall develop application forms for the special
license provided for in this subsection which shall contain the physician’s
acknowledgment that:
(1) The physician’s
practice under the special volunteer medical license will be exclusively and
totally devoted to providing medical care to needy and indigent persons in West
Virginia;
(2) the physician will not
receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, but may donate to the clinic the proceeds of any
reimbursement for any medical
services rendered under the special volunteer medical license;
(3) the physician will
supply any supporting documentation that the board may reasonably require; and
(4) the physician agrees to
continue to participate in continuing medical education as required of
physicians in active practice.
(b) Any person engaged in the active practice of medicine
in this state whose license is in good standing may donate their expertise for
the medical care and treatment of indigent and needy patients under an
arrangement with a clinic organized, in whole or in part, for the delivery of
health care services without charge to the patient. Services rendered under an
arrangement may be performed in either the physician’s office or the clinical
setting.
(b) (c) Any
physician who renders any medical service to indigent and needy patients of a
clinic organized, in whole or in part, for the delivery of health care services
without charge under a special volunteer medical license authorized under
subsection (a) of this section or pursuant to an arrangement with a clinic as authorized
pursuant to subsection (b) of this section
without payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising out of any
act or omission resulting from the rendering of the medical service at the
clinic unless the act or omission was the result of the physician’s gross
negligence or willful misconduct. In order for the immunity under this
subsection to apply, there must be a written agreement between the physician
and the clinic pursuant to which the physician will provide voluntary
noncompensated medical services under the control of the clinic to patients of
the clinic before the rendering of any services by the physician at the clinic:
Provided, That any clinic entering into such written agreement shall be
required to maintain liability coverage of not less than $1 million per
occurrence.
(c) (d)
Notwithstanding the provisions of subsection (a) of this section, a clinic
organized, in whole or in part, for the
delivery of health care services without charge shall is not be
relieved from imputed liability for the negligent acts of a physician rendering
voluntary medical services at or for the clinic under a special volunteer
medical license authorized under subsection (a) of this section or pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(d) (e) For purposes of this section, “otherwise
eligible for licensure” means the satisfaction of all the requirements for
licensure as listed in section ten of this article and in the legislative rules
promulgated hereunder, except the fee requirements of subsections (b) and (d)
of said section and of the legislative rule promulgated by the board relating
to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer medical license to any
physician whose medical license is or has been subject to any disciplinary
action or to any physician who has surrendered a medical license or caused such
license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her medical license, or who has
elected to place a medical license in inactive status in lieu of having a
complaint initiated or other action taken against his or her medical license,
or who have been denied a medical license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any physician covered under the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by a physician who holds a special volunteer
medical license or
who renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section: Provided, That this subsection shall not apply
to a terminated policy, terminated contract of liability insurance or extended
reporting endorsement attached thereto that provides "tail insurance"
as defined by section two, article twenty-d,
chapter thirty-three of this code: Provided,
however, That nothing within this
subsection shall be construed to extend coverage under a terminated policy or
terminated contract of liability insurance or any extended reporting
endorsement attached thereto to: (1) Alter
or amend the effective policy period of any policy, contract of liability
insurance or extended reporting endorsement; or (2) cover the treatment of
indigent and needy patients by a physician who holds a special volunteer
medical license
or who renders such care and treatment pursuant to an arrangement with a
clinic as authorized pursuant to subsection (b) of this section.
ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.
§30-3E-14. Special volunteer physician assistant license.
(a) A special volunteer physician assistant license may be issued to a physician assistant who:
(1) Is retired or is retiring from the active practice of medicine; and
(2) Wishes to donate his or her expertise for the medical care and treatment of indigent and needy patients in the clinical setting of clinics organized, in whole or in part, for the delivery of health care services without charge.
(b) The special volunteer physician assistant license shall be issued by the appropriate licensing board:
(1) To a physician assistant licensed or otherwise eligible for licensure under this article;
(2) Without the payment of any fee; and
(3) The initial license shall be issued for the remainder of the licensing period.
(c) The special volunteer physician assistant license shall be renewed consistent with the appropriate licensing board’s other licensing requirements.
(d) The appropriate licensing board shall develop application forms for the special volunteer physician assistant license which shall contain the physician assistant’s acknowledgment that:
(1) The physician assistant’s practice under the special volunteer physician assistant license shall be exclusively devoted to providing medical care to needy and indigent persons in West Virginia;
(2) The physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer physician assistant license;
(3) The physician assistant shall supply any supporting documentation that the appropriate licensing board may reasonably require; and
(4) The physician assistant agrees to continue to participate in continuing education as required by the appropriate licensing board for the special volunteer physician assistant license.
(e) A physician assistant who renders medical service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge, under a special volunteer physician assistant license, without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service at the clinic unless the act or omission was the result of the physician assistant’s gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there shall be a written agreement between the physician assistant and the clinic pursuant to which the physician assistant shall provide voluntary uncompensated medical services under the control of the clinic to patients of the clinic before the rendering of any services by the physician assistant at the clinic. Any clinic entering into a written agreement is required to maintain liability coverage of not less than $1 million per occurrence.
(f) Notwithstanding the provisions of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a physician assistant rendering voluntary medical services at or for the clinic under a special volunteer physician assistant license.
(g) For purposes of this section, “otherwise eligible for licensure” means the satisfaction of all the requirements for licensure under this article, except the fee requirements.
(h) Nothing in this section may be construed as requiring the appropriate licensing board to issue a special volunteer physician assistant license to any physician assistant whose license is or has been subject to any disciplinary action or to any physician assistant who has surrendered a physician assistant license or caused his or her license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a physician assistant license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a physician assistant license.
(i) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any physician assistant covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing the policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of the policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a physician assistant who holds a special volunteer physician assistant license.
(j) No special
volunteer physician assistant license is required for a physician assistant
holding one or more unrestricted licenses granted by another state or foreign
country serving as a volunteer in a noncompensated role for a charitable
function for a period not to exceed seven days.
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-15. Special volunteer dentist or dental
hygienist license; civil immunity for voluntary services rendered to indigents.
(a) There is continued a
special volunteer dentist and dental hygienist license for dentist and dental
hygienists retired or retiring from the active practice of dentistry and dental
hygiene who wish to donate their expertise for the care and treatment of
indigent and needy patients in the clinical setting of clinics organized, in
whole or in part, for the delivery of health care services without charge. The
special volunteer dentist or dental hygienist license shall be issued by the
board to dentist or dental hygienists licensed or otherwise eligible for licensure
under this article and the legislative rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, shall be issued for
the remainder of the licensing period and renewed consistent with the boards
other licensing requirements. The board shall develop application forms for the
special license provided in this subsection which shall contain the dental
hygienist’s acknowledgment that:
(1) The dentist or dental
hygienist’s practice under the special volunteer dentist or dental hygienist
license will be exclusively devoted to providing dentistry or dental hygiene
care to needy and indigent persons in West Virginia;
(2) The dentist or dental
hygienist will not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may donate to the
clinic the proceeds of any reimbursement, for any dentistry or dental hygiene services rendered
under the special volunteer dentist or dental hygienist license;
(3) The dentist or dental
hygienist will supply any supporting documentation that the board may
reasonably require; and
(4) The dentist or dental
hygienist agrees to continue to participate in continuing professional
education as required by the board for the special volunteer dentist or dental
hygienist.
(b) Any person engaged in the active practice of dentistry
and dental hygiene in this state whose license is in good standing may donate
their expertise for the care and treatment of indigent and needy patients pursuant
to an arrangement with a clinic organized, in whole or in part, for the
delivery of health care services without charge to the patient. Services
rendered pursuant to an arrangement may be performed in either the office of the dentist or dental hygienist or the clinical setting.
(b) (c) Any
dentist or dental hygienist who renders any dentistry or dental hygiene service
to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care
services without charge under a special volunteer dentist or dental hygienist
license authorized under subsection (a) of this section or pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the dental hygiene
service at the clinic unless the act or omission was the result of the dentist’s
or dental hygienist’s gross negligence or willful misconduct. In order for the
immunity under this subsection to apply, there shall be a written agreement
between the dentist or dental hygienist and the clinic pursuant to which the
dentist or dental hygienist will provide voluntary uncompensated dental hygiene
services under the control of the clinic to patients of the clinic before the
rendering of any services by the dentist or dental hygienist at the clinic:
Provided, That any clinic entering into such written agreement is required
to maintain liability coverage of not less than $1 million per occurrence.
(c) (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a dentist or dental hygienist rendering voluntary dental hygiene services at or
for the clinic under a special volunteer dentist or dental hygienist license
authorized under subsection (a) of this section or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section eight of this article and in the legislative rules
promulgated thereunder, except the fee requirements of subdivision (6) of said
section and of the legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer dentist or dental hygienist
license to any dental hygienist whose license is or has been subject to any
disciplinary action or to any dentist or dental hygienist who has surrendered a
license or caused such license to lapse, expire and become invalid in lieu of
having a complaint initiated or other action taken against his or her dentist
or dental hygienist license, or who has elected to place a dentist or dental
hygienist license in inactive status in lieu of having a complaint initiated or
other action taken against his or her license, or who has been denied a dentist
or dental hygienist license.
(f) (g) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to any dentist
or dental hygienist covered under the provisions of this article shall be read
so as to contain a provision or endorsement whereby the company issuing such
policy waives or agrees not to assert as a defense on behalf of the
policyholder or any beneficiary thereof, to any claim covered by the terms of
such policy within the policy limits, the immunity from liability of the insured
by reason of the care and treatment of needy and indigent patients by a dentist
or dental hygienist who holds a special volunteer dentist or dental hygienist
license or who renders such care and treatment pursuant to an arrangement
with a clinic as authorized pursuant to subsection (b) of this section.
(h) No special
volunteer dental or dental hygienist license is required for a dentist or
dental hygienist holding one or more unrestricted licenses granted by another
state or foreign country serving as a volunteer in a noncompensated role for a
charitable function for a period not to exceed seven days.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.
§30-5-17. Special volunteer pharmacist license; civil
immunity for voluntary services rendered to indigents.
(a) There is a special
volunteer pharmacist license for pharmacists retired or retiring from the
active practice of pharmacist care who wish to donate their expertise for the
pharmacist care and treatment of indigent and needy patients in the clinical
setting of clinics organized, in whole or in part, for the delivery of health
care services without charge. The special volunteer pharmacist license shall be
issued by the board to pharmacists licensed or otherwise eligible for licensure
under this article and the legislative rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, and the initial
license shall be issued for the remainder of the licensing period, and renewed
consistent with the boards other licensing requirements. The board shall
develop application forms for the special license provided in this subsection
which shall contain the pharmacist’s acknowledgment that:
(1) The pharmacist’s practice
under the special volunteer pharmacist license shall be exclusively devoted to
providing pharmacist care to needy and indigent persons in West Virginia;
(2) The pharmacist may not
receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, but may donate to
the clinic the proceeds of any reimbursement
for any pharmacist care rendered under the special volunteer pharmacist
license;
(3) The pharmacist will
supply any supporting documentation that the board may reasonably require; and
(4) The pharmacist agrees
to continue to participate in continuing professional education as required by
the board for the special volunteer pharmacist license.
(b) Any person engaged in the active practice of pharmacist
care in this state whose license is in good standing may donate their expertise
for the care and treatment of indigent and needy patients pursuant to an
arrangement with a clinic organized, in whole or in part, for the delivery of
health care services without charge to the patient. Services rendered pursuant
to an arrangement may be performed in either the pharmacist’s office or the clinical
setting.
(b) (c) Any
pharmacist who renders any pharmacist care to indigent and needy patients of a
clinic organized, in whole or in part, for the delivery of health care services
without charge under a special volunteer pharmacist license authorized under
subsection (a) of this section or pursuant to an arrangement with a clinic
as authorized pursuant to subsection (b) of this section without payment or
compensation or the expectation or promise of payment or compensation is immune
from liability for any civil action arising out of any act or omission
resulting from the rendering of the pharmacist care at the clinic unless the
act or omission was the result of the pharmacist’s gross negligence or willful
misconduct. In order for the immunity under this subsection to apply, there
shall be a written agreement between the pharmacist and the clinic pursuant to
which the pharmacist provides voluntary uncompensated pharmacist care under the
control of the clinic to patients of the clinic before the rendering of any
services by the pharmacist at the clinic: Provided, That any clinic
entering into such written agreement is required to maintain liability coverage
of not less than $1 million per occurrence.
(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of a pharmacist rendering voluntary
pharmacist care at or for the clinic under a special volunteer pharmacist
license authorized under subsection (a) of this section or who renders such
care and treatment pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure as listed in section nine of this article and in the legislative
rules promulgated thereunder, except the fee requirements of that section and
of the legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer pharmacist license to any
pharmacist whose license is or has been subject to any disciplinary action or
to any pharmacist who has surrendered a license or caused such license to
lapse, expire and become invalid in lieu of having a complaint initiated or
other action taken against his or her license, or who has elected to place a
pharmacist license in inactive status in lieu of having a complaint initiated
or other action taken against his or her license, or who has been denied a
pharmacist license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any pharmacist covered under the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by a pharmacist who holds a special volunteer
pharmacist license or who renders
such care and treatment pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section.
(h) No special
volunteer physician assistant license is required for a physician assistant
holding one or more unrestricted licenses granted by another state or foreign
country serving as a volunteer in a noncompensated role for a charitable
function for a period not to exceed seven days.
ARTICLE 7. REGISTERED
PROFESSIONAL NURSES.
§30-7-6a. Special volunteer registered professional
nurse license; civil immunity for voluntary services rendered to indigents.
(a) There is established a
special volunteer license for registered professional nurses retired or
retiring from the active practice of nursing who wish to donate their expertise
for the care and treatment of indigent and needy patients in the clinical
setting of clinics organized, in whole or in part, for the delivery of health
care services without charge. The special volunteer registered professional
nurse license shall be issued by the West Virginia Board of Examiners for
registered professional nurses to registered professional nurses licensed or
otherwise eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee, license fee or
renewal fee, shall be issued for the remainder of the licensing period, and
renewed consistent with the boards other licensing requirements. The board
shall develop application forms for the special license provided in this
subsection which shall contain the registered professional nurse’s
acknowledgment that:
(1) The registered
professional nurse’s practice under the special volunteer registered
professional nurse license will be exclusively devoted to providing nursing
care to needy and indigent persons in West Virginia;
(2) The registered
professional nurse will not receive any payment or compensation, either direct
or indirect, or have the expectation of any payment or compensation but may
donate to the clinic the proceeds of any reimbursement, for any nursing
services rendered under the special volunteer registered professional nurse license;
(3) The registered
professional nurse will supply any supporting documentation that the board may
reasonably require; and
(4) The registered
professional nurse agrees to continue to participate in continuing education as
required by the board for the special volunteer registered professional nurse
license.
(b) Any person engaged in the active practice of nursing in
this state whose license is in good standing may donate their expertise for the
care and treatment of indigent and needy patients pursuant to an arrangement
with a clinic organized, in whole or in part, for the delivery of health care
services without charge to the patient. Services rendered pursuant to an
arrangement may be performed in either the office of the registered
professional nurse or the clinical setting.
(b) (c) Any
registered professional nurse who renders nursing service to indigent and needy
patients of a clinic organized, in whole or in part, for the delivery of health
care services without charge under a special volunteer registered professional
nurse license authorized under subsection (a) of this section or pursuant to
an arrangement with a clinic as authorized pursuant to subsection (b) of this
section without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the nursing service
at the clinic unless the act or omission was the result of the registered
professional nurse’s gross negligence or willful misconduct. In order for the
immunity under this subsection to apply, there must be a written agreement
between the registered professional nurse and the clinic pursuant to which the
registered professional nurse will provide voluntary uncompensated nursing
services under the control of the clinic to patients of the clinic before the
rendering of any services by the registered professional nurse at the clinic: Provided,
That any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
(c) (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a registered professional nurse rendering voluntary nursing services at or for
the clinic under a special volunteer registered professional nurse license
authorized under subsection (a) of this section or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure as listed in section six of this article and in the legislative rules
promulgated thereunder, except the fee requirements of that section and of the
legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer registered professional
nurse license to any registered professional nurse whose license is or has been
subject to any disciplinary action or to any registered professional nurse who
has surrendered his or her license or caused such license to lapse, expire and
become invalid in lieu of having a complaint initiated or other action taken
against his or her license, or who has elected to place a registered
professional nurse license in inactive status in lieu of having a complaint
initiated or other action taken against his or her license, or who has been
denied a registered professional nurse license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any registered professional nurse
covered under the provisions of this article shall be read so as to contain a
provision or endorsement whereby the company issuing such policy waives or
agrees not to assert as a defense on behalf of the policyholder or any
beneficiary thereof, to any claim covered by the terms of such policy within
the policy limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a registered professional
nurse who holds a special volunteer registered professional nurse license or
who renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(h) No special
volunteer registered professional nurse is required for a registered
professional nurse holding one or more unrestricted licenses granted by another
state or foreign country serving as a volunteer in a noncompensated role for a
charitable function for a period not to exceed seven days.
ARTICLE 7A. LICENSED PRACTICAL NURSES.
§30-7A-6a. Special volunteer license; civil immunity
for voluntary services rendered to indigents.
(a) There is established a special volunteer
license for licensed practical nurses retired or retiring from the active
practice of nursing who wish to donate their expertise for the care and
treatment of indigent and needy patients in the clinical setting of clinics
organized, in whole or in part, for the delivery of health care services
without charge. The special volunteer licensed practical nurse license shall be
issued by the West Virginia Board of Examiners for licensed practical nurses to
licensed practical nurses licensed or otherwise eligible for licensure pursuant
to this article and the rules promulgated hereunder without the payment of an
application fee, license fee or renewal fee, shall be issued for the remainder
of the licensing period, and renewed consistent with the boards other licensing
requirements. The board shall develop application forms for the special license
provided in this subsection which shall contain the licensed practical nurse’s
acknowledgment that:
(1) The licensed practical nurse’s practice pursuant
to the special volunteer licensed practical nurse license will be exclusively
devoted to providing nursing care to needy and indigent persons in West
Virginia;
(2) The licensed practical nurse will not
receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation but may donate to the clinic the
proceeds of any reimbursement, for any nursing services rendered pursuant to the
special volunteer licensed practical nurse license;
(3) The licensed practical nurse will supply any
supporting documentation that the board may reasonably require; and
(4) The licensed practical nurse agrees to
continue to participate in continuing education as required by the board for
the special volunteer licensed practical nurse license.
(b) Any person
licensed as a licensed practical nurse in this state whose license is in good
standing may donate their expertise for the care and treatment of indigent and
needy patients pursuant to an arrangement with a clinic organized, in whole or
in part, for the delivery of health care services without charge to the
patient. Services rendered pursuant to an arrangement may be performed in
either the office of the registered professional nurse or the clinical setting.
(c) Any licensed
practical nurse who renders nursing service to indigent and needy patients of a
clinic organized, in whole or in part, for the delivery of health care services
without charge pursuant to a special volunteer licensed practical nurse license authorized pursuant to subsection (a) of this
section or pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section without payment or compensation or the expectation or
promise of payment or compensation is immune from liability for any civil
action arising out of any act or omission resulting from the rendering of the
nursing service at the clinic unless the act or omission was the result of the
licensed practical nurse’s gross negligence or willful misconduct. For the
immunity pursuant to this subsection to apply, there must be a written
agreement between the licensed practical nurse and the clinic pursuant to which
the licensed practical nurse will provide voluntary uncompensated nursing
services under the control of the clinic to patients of the clinic before the
rendering of any services by the licensed practical nurse at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage of not less
than $1 million per occurrence.
(d) Notwithstanding the provisions of subsection
(b) of this section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed liability
for the negligent acts of a licensed practical nurse rendering voluntary
nursing services at or for the clinic pursuant to a special volunteer licensed
practical nurse license authorized pursuant to subsection (a) of this section
or who renders such care and treatment pursuant to an arrangement with a clinic
as authorized pursuant to subsection (b) of this section.
(e) For purposes of this section, “otherwise
eligible for licensure” means the satisfaction of all the requirements for
licensure as listed in section six of this article and in the rules promulgated
thereunder, except the fee requirements of that section and of the legislative
rules promulgated by the board relating to fees.
(f) Nothing in this section may be construed as
requiring the board to issue a special volunteer licensed practical nurse
license to any licensed practical nurse whose license is or has been subject to
any disciplinary action or to any licensed practical nurse who has surrendered
his or her license or caused such license to lapse, expire and become invalid
in lieu of having a complaint initiated or other action taken against his or
her license, or who has elected to place a licensed practical nurse license in
inactive status in lieu of having a complaint initiated or other action taken
against his or her license, or who has been denied a licensed practical nurse
license.
(g) Any policy
or contract of liability insurance providing coverage for liability sold,
issued or delivered in this state to any licensed practical nurse covered pursuant
to the provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by a licensed practical nurse who holds a special
volunteer licensed practical nurse license or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(h) No special
volunteer licensed practical nurse license is required for a licensed practical
nurse holding one or more unrestricted licenses granted by another state or
foreign country serving as a volunteer in a noncompensated role for a
charitable function for a period not to exceed seven days.
ARTICLE 8. OPTOMETRISTS.
§30-8-16. Special
volunteer license; civil immunity for voluntary services rendered to indigents.
(a) There is established a
special volunteer license for optometrists who are retired or are retiring from
the active practice of optometry and wish to donate their expertise for the
care and treatment of indigent and needy patients in the clinical setting of
clinics organized, in whole or in part, for the delivery of health care
services without charge.
(b) The special volunteer
license shall be issued by the board to optometrists licensed or otherwise
eligible for licensure under this article without the payment of an application
fee, license fee or renewal fee, and shall be issued for the remainder of the
licensing period, and renewed consistent with the boards other licensing
requirements.
(c) The board shall develop
application forms for the special volunteer license provided in this section
which shall contain the optometrist’s acknowledgment that:
(1) The optometrist’s
practice under the special volunteer license will be exclusively devoted to
providing optometrical care to needy and indigent persons in West Virginia;
(2) The optometrist will
not receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation but may donate to
the clinic the proceeds of any reimbursement, for any optometrical services rendered under the special volunteer
license;
(3) The optometrist will
supply any supporting documentation that the board may reasonably require; and
(4) The optometrist agrees
to continue to participate in continuing education as required by the board for
a special volunteer license.
(d) Any person engaged in the active practice of optometry
in this state whose license is in good standing may donate their expertise for
the care and treatment of indigent and needy patients pursuant to an
arrangement with a clinic organized, in whole or in part, for the delivery of
health care services without charge to the patient. Services rendered pursuant
to an arrangement may be performed in either the office of the optometrist or
the clinical setting.
(d) (e) Any
optometrist who renders any optometrical service to indigent and needy patients
of a clinic organized, in whole or in part, for the delivery of health care
services without charge, under a special volunteer license authorized under
this section or pursuant to an arrangement with a clinic as authorized pursuant
to subsection (d) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from liability for
any civil action arising out of any act or omission resulting from the
rendering of the optometrical service at the clinic unless the act or omission
was the result of the optometrist’s gross negligence or willful misconduct. In
order for the immunity under this subsection to apply, before the rendering of
any services by the optometrist at the clinic, there must be a written
agreement between the optometrist and the clinic stating that the optometrist
will provide voluntary uncompensated optometrical services under the control of
the clinic to patients of the clinic before the rendering of any services by
the optometrist at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage of not less
than $1 million per occurrence.
(e) (f)
Notwithstanding the provisions of subsection (d) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
an optometrist rendering voluntary optometrical services at or for the clinic
under a special volunteer license under this section or who renders such care and treatment pursuant to an arrangement
with a clinic as authorized pursuant to subsection (d) of this section.
(f) (g) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure in this article except the fee requirements.
(g) (h) Nothing in this section may be construed
as requiring the board to issue a special volunteer license to any optometrist
whose license is or has been subject to any disciplinary action or to any
optometrist who has surrendered a license or caused such license to lapse,
expire and become invalid in lieu of having a complaint initiated or other
action taken against his or her license, or who has elected to place a license
in inactive status in lieu of having a complaint initiated or other action
taken against his or her license, or who has been denied a license.
(h) (i) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any optometrist covered under the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by an optometrist who holds a special volunteer
license or who renders such care and treatment pursuant to an arrangement
with a clinic as authorized pursuant to subsection (d) of this section.
(j) No special
volunteer optometrists license is required for an optometrist holding one or
more unrestricted licenses granted by another state or foreign country serving
as a volunteer in a noncompensated role for a charitable function for a period
not to exceed seven days.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-12b. Special volunteer medical license; civil
immunity for voluntary services rendered to indigents.
(a) There is hereby
established a special volunteer medical license for physicians retired or
retiring from the active practice of osteopathy who wish to donate their
expertise for the medical care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer medical
license shall be issued by the West Virginia Board of Osteopathic Medicine to
physicians licensed or otherwise eligible for licensure under this article and
the rules promulgated hereunder without the payment of any application fee,
license fee or renewal fee, shall be issued for a fiscal year or part thereof,
and shall be renewable annually. The board shall develop application forms for
the special license provided for in this subsection which shall contain the
physician’s acknowledgment that: (1) The physician’s practice under the special
volunteer medical license will be exclusively and totally devoted to providing
medical care to needy and indigent persons in West Virginia; (2) the physician
will not receive any payment or compensation, either direct or indirect, or
have the expectation of any payment or compensation but may donate to the
clinic the proceeds of any reimbursement, for any medical services rendered
under the special volunteer medical license; (3) the physician will supply any
supporting documentation that the board may reasonably require; and (4) the
physician agrees to continue to participate in continuing medical education as
required of physicians in active practice.
(b) Any person engaged in the active practice of osteopathy
in this state whose license is in good standing may donate their expertise for
the medical care and treatment of indigent and needy patients pursuant to an
arrangement with a clinic organized, in whole or in part, for the delivery of
health care services without charge to the patient. Services rendered pursuant
to an arrangement may be performed in either the physician’s office or the clinical
setting.
(b) (c) Any
physician who renders any medical service to indigent and needy patients of
clinics organized, in whole or in part, for the delivery of health care
services without charge under a special volunteer medical license authorized
under subsection (a) of this section or pursuant to an arrangement with a
clinic as authorized pursuant to subsection (b) of this section without
payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising out of any
act or omission resulting from the rendering of the medical service at the
clinic unless the act or omission was the result of the physician’s gross
negligence or willful misconduct. In order for the immunity under this
subsection to apply, there must be a written agreement between the physician
and the clinic pursuant to which the physician will provide voluntary
noncompensated medical services under the control of the clinic to patients of
the clinic before the rendering of any services by the physician at the clinic:
Provided, That any clinic entering into such written agreement shall be
required to maintain liability coverage of not less than $1 million per
occurrence.
(c) (d) Notwithstanding the provisions of
subsection (a) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge shall not be relieved from
imputed liability for the negligent acts of a physician rendering voluntary
medical services at or for the clinic under a special volunteer medical license
authorized under subsection (a) of this section or who renders such services
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of this section, “otherwise
eligible for licensure” means the satisfaction of all the requirements for
licensure as listed in section ten of this article and in the legislative rules
promulgated hereunder, except the fee requirements of subsections (b) and (d)
of said section and of the legislative rule promulgated by the board relating
to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer medical license to any
physician whose medical license is or has been subject to any disciplinary
action or to any physician who has surrendered a medical license or caused such
license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her medical license, or who has
elected to place a medical license in inactive status in lieu of having a
complaint initiated or other action taken against his or her medical license,
or who have been denied a medical license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any physician covered under the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by a physician who holds a special volunteer
medical license or who renders such care and treatment pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(h) No special
volunteer osteopathic physician license is required for an osteopathic
assistant holding one or more unrestricted licenses granted by another state or
foreign country serving as a volunteer in a noncompensated role for a
charitable function for a period not to exceed seven days.
Article 16. chiropractors.
§30-16-7a. Special volunteer chiropractor
license; civil immunity for voluntary services rendered to indigents.
(a) There is established a special volunteer
license for chiropractors retired or retiring from active practice who wish to
donate their expertise for the care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special volunteer
license provided by this section shall be issued by the West Virginia Board of
Chiropractic to chiropractors licensed or otherwise eligible for licensure
pursuant to this article and the rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, and the initial
license shall be issued for the remainder of the licensing period, and renewed
consistent with the boards other licensing requirements. The board shall
develop application forms for the special volunteer license provided in this
section which shall contain the applicant’s acknowledgment that:
(1) The applicant’s practice pursuant to the
special volunteer license will be exclusively devoted to providing chiropractic
care to needy and indigent persons in West Virginia;
(2) The applicant may not receive any payment or
compensation, either direct or indirect, or have the expectation of any payment
or compensation but may donate to the clinic the proceeds of any reimbursement
for any chiropractic services rendered pursuant to the special volunteer
license;
(3) The applicant shall supply any supporting
documentation that the board may reasonably require; and
(4) The applicant shall continue to participate
in continuing education as required by the board for special volunteer
chiropractor’s licenses.
(b) Any person engaged in the active practice of chiropractic in this
state whose license is in good standing may donate their expertise for the care
and treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the chiropractor’s office or the clinical setting.
(c) Any
chiropractor who renders any chiropractic service to indigent and needy
patients of a clinic organized, in whole or in part, for the delivery of health
care services without charge pursuant to a special volunteer license authorized
pursuant to subsection (a) of this section or an arrangement with a clinic as authorized
pursuant to subsection (b) of this section without payment or compensation or
the expectation or promise of payment or compensation is immune from liability
for any civil action arising out of any act or omission resulting from the
rendering of the chiropractic service at the clinic unless the act or omission
was the result of gross negligence or willful misconduct on the part of the
chiropractor. For the immunity pursuant to this subsection to apply, there must
be a written agreement between the chiropractor and the clinic stating that the
chiropractor will provide voluntary uncompensated chiropractic services under
the control of the clinic to patients of the clinic before the rendering of any
services by the chiropractor at the clinic: Provided, That any clinic entering
into such written agreement is required to maintain liability coverage of not
less than $1 million per occurrence.
(d) Notwithstanding the provisions of subsection
(b) of this section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed liability
for the negligent acts of a chiropractor rendering voluntary chiropractic
services at or for the clinic pursuant to a special volunteer license
authorized pursuant to this section or who renders such care and treatment pursuant
to an arrangement with a clinic as authorized pursuant to subsection (b) of
this section.
(e) For purposes of this section, “otherwise
eligible for licensure” means the satisfaction
of all the requirements for licensure for a chiropractor except
the fee requirements.
(f) Nothing in this section may be construed as
requiring the board to issue a special volunteer license to any chiropractor
whose license is or has been subject to any disciplinary action or to any
chiropractor who has surrendered a license or caused a license to lapse, expire
and become invalid in lieu of having a complaint initiated or other action
taken against his or her license, or who has elected to place a license in
inactive status in lieu of having a complaint initiated or other action taken
against his or her license or who has been denied a license.
(g) Any policy
or contract of liability insurance providing coverage for liability sold,
issued or delivered in this state to any chiropractor covered pursuant to the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policy holder or any beneficiary there of
the policy, to any claim covered by the terms of the policy within the policy
limits, the immunity from liability of the insured by reason of the care and
treatment of needy and indigent patients by a chiropractor who holds a
special volunteer license
or who renders
such care and
treatment pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(h) No special
volunteer chiropractor license is required for a chiropractor holding one or
more unrestricted licenses granted by another state or foreign country serving
as a volunteer in a noncompensated role for a charitable function for a period
not to exceed seven days.
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-13. Special volunteer physical therapist
license, physical therapist assistant license; civil immunity for voluntary
services rendered to indigents.
(a) There is established a
special volunteer license for physical therapists or physical therapist
assistants, as the case may be, retired or retiring from active practice who wish
to donate their expertise for the care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special volunteer
license provided by this section shall be issued by the West Virginia Board of
Physical Therapy to physical therapists or physical therapist assistants
licensed or otherwise eligible for licensure under this article and the
legislative rules promulgated hereunder without the payment of an application
fee, license fee or renewal fee, and the initial license shall be issued for
the remainder of the licensing period, and renewed consistent with the boards
other licensing requirements. The board shall develop application forms for the
special volunteer license provided in this section which shall contain the
applicant’s acknowledgment that:
(1) The applicant’s
practice under the special volunteer license will be exclusively devoted to
providing physical therapy care to needy and indigent persons in West Virginia;
(2) The applicant may not
receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation but may donate to the clinic the
proceeds of any reimbursement for any physical therapy services rendered
under the special volunteer license;
(3) The applicant shall
supply any supporting documentation that the board may reasonably require; and
(4) The applicant shall
continue to participate in continuing education as required by the board for
special volunteer physical therapists or physical therapist assistants license,
as the case may be.
(b) Any person engaged in the active practice of physical
therapy in this state whose license is in good standing may donate their
expertise for the care and treatment of indigent and needy patients pursuant to
an arrangement with a clinic organized, in whole or in part, for the delivery
of health care services without charge to the patient. Services rendered pursuant
to an arrangement may be performed in either the physical therapist’s office or
the clinical setting.
(b) (c) Any
physical therapist or physical therapist assistant who renders any physical
therapy service to indigent and needy patients of a clinic organized, in whole
or in part, for the delivery of health care services without charge under a
special volunteer license authorized under subsection (a) of this section or
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section without payment or compensation or the expectation or
promise of payment or compensation is immune from liability for any civil
action arising out of any act or omission resulting from the rendering of the
physical therapy service at the clinic unless the act or omission was the
result of gross negligence or willful misconduct on the part of the physical
therapist or physical therapist assistant. In order for the immunity under this
subsection to apply, there must be a written agreement between the physical
therapist or physical therapist assistant and the clinic stating that the
physical therapist or physical therapist assistant will provide voluntary
uncompensated physical therapy services under the control of the clinic to
patients of the clinic before the rendering of any services by the physical
therapist or physical therapist assistant at the clinic: Provided, That
any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
(c) (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a physical therapist or physical therapist assistant rendering voluntary
physical therapy services at or for the clinic under a special volunteer
license authorized under this section or who renders such care and treatment
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure for a physical therapist or physical therapist assistant, as the case
may be, except the fee requirements.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer license to any physical
therapist or physical therapist assistant whose license is or has been subject
to any disciplinary action or to any physical therapist or physical therapist
assistant who has surrendered a license or caused a license to lapse, expire
and become invalid in lieu of having a complaint initiated or other action
taken against his or her license, or who has elected to place a license in
inactive status in lieu of having a complaint initiated or other action taken
against his or her license or who has been denied a license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any physical therapist or physical
therapist assistant covered under the provisions of this article shall be read
so as to contain a provision or endorsement whereby the company issuing such
policy waives or agrees not to assert as a defense on behalf of the policy
holder or any beneficiary there of the policy, to any claim covered by the
terms of the policy within the policy limits, the immunity from liability of
the insured by reason of the care and treatment of needy and indigent patients
by a physical therapist or physical therapist assistant who holds a special
volunteer license or who renders such care and treatment pursuant to an arrangement
with a clinic as authorized pursuant to subsection (b) of this section.
(h) No special
volunteer physical therapist license is required for a physical therapist
holding one or more unrestricted licenses granted by another state or foreign
country serving as a volunteer in a noncompensated role for a charitable
function for a period not to exceed seven days.
ARTICLE 21.
PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-17. Special volunteer psychologists license;
civil immunity for voluntary services rendered to indigents.
(a) There is established a
special volunteer psychologists license for psychologists retired or retiring
from the active practice of psychology who wish to donate their expertise for
the psychological care and treatment of indigent and needy patients in the clinical
setting of clinics organized, in whole or in part, for the delivery of health
care services without charge. The special volunteer psychologist license shall
be issued by the West Virginia Board of Examiners of Psychologists to
psychologists licensed or otherwise eligible for licensure under this article
and the legislative rules promulgated hereunder without the payment of an
application fee, license fee or renewal fee, and the initial license shall be
issued for the remainder of the licensing period, and renewed consistent with
the boards other licensing requirements. The board shall develop application
forms for the special license provided in this subsection which shall contain
the psychologist’s acknowledgment that:
(1) The psychologist’s
practice under the special volunteer psychologists license will be exclusively
devoted to providing psychological care to needy and indigent persons in West
Virginia;
(2) The psychologist will
not receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation but may donate to the clinic the
proceeds of any reimbursement, for any psychological services rendered
under the special volunteer psychological license;
(3) The psychologist will
supply any supporting documentation that the board may reasonably require; and
(4) The psychologist agrees
to continue to participate in continuing education as required by the board for
a special volunteer psychologists license.
(b) Any person engaged in the active practice of psychology
in this state whose license is in good standing may donate their expertise for
the care and treatment of indigent and needy patients pursuant to an
arrangement with a clinic organized, in whole or in part, for the delivery of
health care services without charge to the patient. Services rendered pursuant
to an arrangement may be performed in either the psychologist’s office or the clinical
setting.
(b) (c) Any
psychologist who renders any psychological service to indigent and needy
patients of a clinic organized, in whole or in part, for the delivery of health
care services without charge under a special volunteer psychologist license
authorized under subsection (a) of this section without payment or compensation
or the expectation or promise of payment or compensation, is immune from
liability for any civil action arising out of any act or omission resulting
from the rendering of the psychological service at the clinic unless the act or
omission was the result of the psychologist’s gross negligence or willful
misconduct. In order for the immunity under this subsection to apply, there
must be a written agreement between the psychologist and the clinic pursuant to
which the psychologist will provide voluntary uncompensated psychological
services under the control of the clinic to patients of the clinic before the
rendering of any services by the psychologists at the clinic: Provided,
That any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
(c) (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a psychologist rendering voluntary psychological services at or for the clinic
under a special volunteer psychological license authorized under subsection (a)
of this section or who renders such care and treatment pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure as listed in section seven of this article and in the legislative
rules promulgated thereunder, except the fee requirements of subsection (d) of
that section and of the legislative rules promulgated by the board relating to
fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer psychologist license to any
psychologist whose license is or has been subject to any disciplinary action or
to any psychologist who has surrendered a psychologist license or caused such
license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who has elected
to place a psychologist license in inactive status in lieu of having a
complaint initiated or other action taken against his or her license, or who
has been denied a psychologist license.
(f) (g) Any
policy or contract of liability insurance providing coverage for liability
sold, issued or delivered in this state to any psychologist covered under the
provisions of this article, shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by a psychologist who holds a special volunteer
psychologist license
or who renders such care and treatment
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(h) No special
volunteer psychologists license is required for a psychologists holding one or
more unrestricted licenses granted by another state or foreign country serving
as a volunteer in a noncompensated role for a charitable function for a period
not to exceed seven days.
ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.
§30-28-8a. Special volunteer occupational therapist
license; civil immunity for voluntary services rendered to indigents.
(a) There is established a
special volunteer occupational therapist license for occupational therapists
retired or retiring from the active practice of occupational therapy who wish
to donate their expertise for the care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special volunteer
occupational therapist license shall be issued by the West Virginia Board of
Occupational Therapy to occupational therapists licensed or otherwise eligible
for licensure under this article and the legislative rules promulgated
hereunder without the payment of an application fee, license fee or renewal
fee, and the initial license shall be issued for the remainder of the licensing
period, and renewed consistent with the boards other licensing requirements.
The board shall develop application forms for the special license provided in
this subsection which shall contain the occupational therapist’s acknowledgment
that:
(1) The occupational therapist’s
practice under the special volunteer occupational therapist license will be
exclusively devoted to providing occupational therapy care to needy and
indigent persons in West Virginia;
(2) The occupational
therapist will not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may donate to the clinic the proceeds of any
reimbursement, for any occupational
therapy services rendered under the special volunteer occupational therapist license;
(3) The occupational
therapist will supply any supporting documentation that the board may
reasonably require; and
(4) The occupational
therapist agrees to continue to participate in continuing education as required
by the board for a special volunteer occupational therapists license.
(b) Any person engaged in the active practice of
occupational therapy in this state whose license is in good standing may donate
their expertise for the care and treatment of indigent and needy patients pursuant
to an arrangement with a clinic organized, in whole or in part, for the
delivery of health care services without charge to the patient. Services
rendered pursuant to an arrangement may be performed in either the occupational
therapist’s office or the clinical setting.
(b) (c) Any
occupational therapist who renders any occupational therapy service to indigent
and needy patients of a clinic organized, in whole or in part, for the delivery
of health care services without charge under a special volunteer occupational
therapist license authorized under subsection (a) of this section or pursuant
to an arrangement with a clinic as authorized pursuant to subsection (b) of
this section without payment or compensation or the expectation or promise
of payment or compensation is immune from liability for any civil action
arising out of any act or omission resulting from the rendering of the
occupational therapy service at the clinic unless the act or omission was the
result of the occupational therapist’s gross negligence or willful misconduct.
In order for the immunity under this subsection to apply, there must be a
written agreement between the occupational therapist and the clinic pursuant to
which the occupational therapist will provide voluntary uncompensated
occupational therapy services under the control of the clinic to patients of
the clinic before the rendering of any services by the occupational therapist
at the clinic: Provided, That any clinic entering into such written
agreement is required to maintain liability coverage of not less than $1
million per occurrence.
(c) (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
an occupational therapist rendering voluntary occupational therapy services at
or for the clinic under a special volunteer occupational therapist license
authorized under subsection (a) of this section or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for
licensure as listed in section eight of this article and in the legislative
rules promulgated thereunder, excepting the fee requirements of subsection (a),
section eleven of this article and of the legislative rules promulgated by the
board relating to fees.
(e) (f) Nothing in this section may be construed
as requiring the board to issue a special volunteer occupational therapist
license to any occupational therapist whose occupational therapist license is
or has been subject to any disciplinary action or to any occupational therapist
who has surrendered an occupational therapist license or caused such license to
lapse, expire and become invalid in lieu of having a complaint initiated or
other action taken against his or her occupational therapist license, or who
has elected to place an occupational therapist license in inactive status in
lieu of having a complaint initiated or other action taken against his or her
occupational therapist license, or who has been denied an occupational
therapist license.
(f) (g) Any policy or contract of liability
insurance providing coverage for liability sold, issued or delivered in this
state to any occupational therapist covered under the provisions of this
article shall be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a defense on
behalf of the policyholder or any beneficiary thereof, to any claim covered by
the terms of such policy within the policy limits, the immunity from liability
of the insured by reason of the care and treatment of needy and indigent
patients by an occupational therapist who holds a special volunteer
occupational therapist license or who renders such care and treatment pursuant
to an arrangement with a clinic as authorized pursuant to subsection (b) of
this section.
(h) No special
volunteer occupational therapist license is required for an occupational
therapist holding one or more unrestricted licenses granted by another state or
foreign country serving as a volunteer in a noncompensated role for a
charitable function for a period not to exceed seven days.
NOTE: The purpose of this bill is
to allow certain licensed professionals to donate their time to the care of the
indigent and the needy and to allow them to gain credit for their time against
continuing education requirements needed to maintain their license.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.