WEST virginia legislature
2017 regular session
ENROLLED
for
Senators Gaunch,
Trump, Boso, Blair, Rucker, Jeffries, Stollings, Woelfel and Sypolt, original sponsors
[Passed April 6, 2017; in effect 90 days from passage]
AN ACT to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §30-1-21; 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 §30-7-6b; 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 professionals to donate time to the care of indigent and needy; permitting persons who hold an unrestricted license, certificate, registration or permit granted by another state or jurisdiction to serve as a volunteer without compensation for a charitable function for a period not to exceed ten days; permitting specific professionals who are actively practicing and whose license is in good standing to donate their expertise for the 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 and providing that such services may be performed in either the professional’s office or in the clinical setting; and providing for special volunteer license for advance practice registered nurses, licensed practical nurses and chiropractors.
Be it enacted by the
Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-1-21; that §30-3-10a of said code 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 §30-7-6b; 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 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-21. Exemption from licensure for professional practice for a charitable function.
(a) A person holding an unrestricted license, certificate, registration or permit granted by another state or jurisdiction to practice a profession or occupation licensed under this chapter may serve as a volunteer without compensation for a charitable function for a period not to exceed ten days, subject to the approval process described in this section: Provided, That a person who has received any completed disciplinary actions in which discipline was ordered in any of the three most recent years, or is the subject of any pending disciplinary actions is not eligible for this charitable exemption from licensure.
(b) The person shall notify the board of the nature of the volunteer charitable practice, the specific dates the person will participate in the charitable practice, and shall provide to the board a list of all professional and occupational licenses, registrations, permits or certificates held in each state or jurisdiction for the previous three years.
(c) Upon a review of the information required by this section, the board shall provide a temporary authorization to a qualified volunteer to participate in the volunteer activity for the duration not to exceed ten days. Each board shall keep a record of each authorization issued pursuant to his section.
(d) The board may not charge a fee to authorize this
charitable practice.
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.
(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.
(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 is not
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.
(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.
(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.
(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 and his or her collaborating physician who render 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, are 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 and his or her collaborating physician’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.
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.
(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.
(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.
(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.
(f) Nothing in this section
may be construed as requiring the board to issue a special volunteer dentist or
dental hygienist license to any dentist or 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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
§30-7-6b. Special volunteer license; civil immunity for voluntary services rendered to indigents.
(a) There is established a special volunteer license for advanced practice registered 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 advanced practice registered nurse license shall be issued by the West Virginia Board of Examiners for Registered professional nurses to advanced practice registered 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 advanced practice registered nurse’s acknowledgment that:
(1) The advanced practice registered nurse’s practice pursuant to the special volunteer advanced practice registered nurses license will be exclusively devoted to providing nursing care to needy and indigent persons in West Virginia;
(2) The advanced practice registered 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 advanced practice registered nurse license;
(3) The advanced practice registered nurse will supply any supporting documentation that the board may reasonably require; and
(4) The advanced practice registered nurse agrees to continue to participate in continuing education as required by the board for the special volunteer advanced practice registered nurse license.
(b) Any person licensed as an advanced practice registered 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 advanced practice registered nurses or the clinical setting.
(c) A advanced practice registered nurse and his or her collaborating physician who render 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 advanced practice registered 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 advanced practice registered nurse’s and his or her collaborating physician’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 advanced practice registered 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 advanced practice registered 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 advanced practice registered nurse rendering voluntary nursing services at or for the clinic pursuant to a special volunteer advanced practice registered 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 advanced practice registered nurse license to any advanced practice registered nurse whose license is or has been subject to any disciplinary action or to any advanced practice registered 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 advanced practice registered 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 advanced practice registered nurse license.
(g) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any advanced practice registered 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 advanced practice registered nurse who holds a special volunteer advanced practice registered 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.
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 provided by this section 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, 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 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 engaged in the active practice of licensed practical 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 licensed practical 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 (c) 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.
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.
(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.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
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 (c) 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.
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.
(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.
(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.
(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.
(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.
(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 thereof 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.
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.
(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.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.