COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 278
(By Senators Tomblin, Mr. President, and Caruth, By Request of
the Executive)
____________
[Originating in the Committee on Health and Human Resources;
reported February 15, 2008.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-1-18; to amend
said code by adding thereto a new section, designated §30-3-
16a; to amend said code by adding thereto two new sections,
designated §30-4-8a and §30-4-10a; to amend said code by
adding thereto a new section, designated §30-5-10a; to amend
said code by adding thereto a new section, designated §30-7-
6a; to amend said code by adding thereto a new section,
designated §30-8-5a; to amend said code by adding thereto a
new section, designated §30-14A-5; to amend said code by
adding thereto a new section, designated §30-20-8a; to amend
said code by adding thereto a new section, designated §30-21-
16; and to amend said code by adding thereto a new section,
designated §30-28-8a, all relating to the establishment of
special volunteer licenses for health care professionals
donating their expertise for the care and treatment of indigent and needy patients in the clinic setting; providing
legislative rule-making authority to the respective boards to
set licensure criteria and continuing education requirements
for retired, volunteer and inactive licenses; and providing
civil immunity therefor.
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 §30-1-18; that said code
be amended by adding thereto a new section, designated §30-3-16a;
that said code be amended by adding thereto two new sections,
designated §30-4-8a and §30-4-10a; that said code be amended by
adding thereto a new section, designated §30-5-10a; that said code
be amended by adding thereto a new section, designated §30-7-6a;
that said code be amended by adding thereto a new section,
designated §30-8-5a; that said code be amended by adding thereto a
new section, designated §30-14A-5; that said code be amended by
adding thereto a new section, designated §30-20-8a; that said code
be amended by adding thereto a new section, designated §30-21-16;
and that said code be amended by adding thereto a new section,
designated §30-28-8a, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.
§30-1-18. Retired, volunteer and inactive status licenses.
(a) Every board referred to in this chapter may propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, to establish licensure criteria and continuing education requirements for
retired, volunteer and inactive licenses.
(b) If a board which establishes licensure criteria as
authorized in this section does not establish specific continuing
education requirements, the retired, volunteer or inactive licensees
shall comply with the same continuing education requirements as
established by the respective boards for an active license.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-16a. Special volunteer physician assistant license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer physician
assistant license for physician assistants 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 clinic setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special
volunteer physician assistant license shall be issued by the West
Virginia Board of Medicine to physician assistants licensed or
otherwise eligible for licensure under this article and the
legislative 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 in this subsection which shall contain the physician
assistant's acknowledgment that:
(1) The physician assistant's practice under the special
volunteer physician assistant license will 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 will supply any supporting
documentation that the board may reasonably require; and
(4) The physician assistant agrees to continue to participate
in continuing education as required by the board for the special
volunteer physician assistant license.
(b) Any physician assistant 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 physician assistant 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 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 must be a written
agreement between the physician assistant and the clinic pursuant
to which the physician assistant will 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:
Provided, That any clinic
entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) 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 physician assistant rendering
voluntary medical services at or for the clinic under a special
volunteer physician assistant license authorized under subsection
(a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section sixteen of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subsection (n) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
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 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 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.
(f) 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 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 assistant who holds a special volunteer physician
assistant license.
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-8a. Special volunteer dental license; civil immunity for
voluntary services rendered to indigents.
(a) There is established a special volunteer dental license for
dentists retired or retiring from the active practice of dentistry
who wish to donate their expertise for the dental care and treatment
of indigent and needy patients in the clinic setting of clinics
organized, in whole or in part, for the delivery of health care
services without charge. The special volunteer dental license shall
be issued by the West Virginia board of dental examiners to dentists
licensed or otherwise eligible for licensure under this article and the legislative 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 in this subsection which shall contain the dentist's
acknowledgment that:
(1) The dentist's practice under the special volunteer dental
license will be exclusively devoted to providing dental care to
needy and indigent persons in West Virginia;
(2) The dentist will not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment
or compensation, for any dental services rendered under the special
volunteer dental license;
(3) The dentist will supply any supporting documentation that
the board may reasonably require; and
(4) The dentist agrees to continue to participate in continuing
dental education as required by the board for a special volunteer
dental license.
(b) Any dentist who renders any dental 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 dental 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 dental service at the clinic unless the act or omission was the result of the dentist's gross negligence or willful
misconduct. In order for the immunity under this subsection to
apply, there must be a written agreement between the dentist and the
clinic pursuant to which the dentist will provide voluntary
uncompensated dental services under the control of the clinic to
patients of the clinic before the rendering of any services by the
dentist at the clinic:
Provided, That any clinic entering into such
written agreement is required to maintain liability coverage of not
less than one million dollars per occurrence.
(c) 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 rendering voluntary
dental services at or for the clinic under a special volunteer
dental license authorized under subsection (a) of this section.
(d) 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 six of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer dental license to any dentist
whose dental license is or has been subject to any disciplinary
action or to any dentist who has surrendered a dental 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 dental license, or who has elected to place a dental license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her dental license, or who has been
denied a dental license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any dentist 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 who holds a
special volunteer dental license.
§30-4-10a. Special volunteer dental hygienist license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer dental hygienist
license for dental hygienists retired or retiring from the active
practice of dental hygiene who wish to donate their expertise for
the care and treatment of indigent and needy patients in the clinic
setting of clinics organized, in whole or in part, for the delivery
of health care services without charge. The special volunteer
dental hygienist license shall be issued by the West Virginia board
of dental examiners to dental hygienists licensed or otherwise eligible for licensure under this article and the legislative 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 in this
subsection which shall contain the dental hygienist's acknowledgment
that:
(1) The dental hygienist's practice under the special volunteer
dental hygienist license will be exclusively devoted to providing
dental hygiene care to needy and indigent persons in West Virginia;
(2) The dental hygienist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any dental hygiene services
rendered under the special volunteer dental hygienist license;
(3) The dental hygienist will supply any supporting
documentation that the board may reasonably require; and
(4) The dental hygienist agrees to continue to participate in
continuing professional education as required by the board for the
special volunteer dental hygienist.
(b) Any dental hygienist who renders any 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 dental hygienist 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 dental hygiene service at the
clinic unless the act or omission was the result of the dental
hygienist's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a written
agreement between the dental hygienist and the clinic pursuant to
which the 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 dental
hygienist at the clinic:
Provided, That any clinic entering into
such written agreement is required to maintain liability coverage
of not less than one million dollars per occurrence.
(c) 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 dental hygienist rendering
voluntary dental hygiene services at or for the clinic under a
special volunteer dental hygienist license authorized under
subsection (a) of this section.
(d) 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 thereunder, except the fee
requirements of subdivision six of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer dental hygienist license to any dental hygienist whose license is or has been subject to any
disciplinary action or to any 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 dental hygienist license, or who has elected to
place a 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 dental hygienist license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any 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 dental
hygienist who holds a special volunteer dental hygienist license.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.
§30-5-10a. Special volunteer pharmacist license; civil immunity
for voluntary services rendered to indigents.
(a) There is established a special volunteer pharmacist license
for pharmacists retired or retiring from the active practice of
pharmaceutical care who wish to donate their expertise for the
pharmaceutical care and treatment of indigent and needy patients in the clinic 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 West Virginia
Board of Pharmacy to pharmacists licensed or otherwise eligible for
licensure under this article and the legislative 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 in this
subsection which shall contain the pharmacist's acknowledgment that:
(1) The pharmacist's practice under the special volunteer
pharmacist license will be exclusively devoted to providing
pharmaceutical care to needy and indigent persons in West Virginia;
(2) The pharmacist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any pharmaceutical services
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 pharmacist who renders any pharmaceutical 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 pharmacist 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 pharmaceutical service 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 must be a written agreement
between the pharmacist and the clinic pursuant to which the
pharmacist will provide voluntary uncompensated pharmaceutical
services 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 one million dollars per occurrence.
(c) 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
pharmaceutical services at or for the clinic under a special
volunteer pharmacist license authorized under subsection (a) of this
section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section five of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subsection (b) of that section and of the legislative rules promulgated by the board relating to fees.
(e) 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) 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.
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 clinic 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 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 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, 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 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 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 one million dollars per occurrence.
(c) 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.
(d) 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) 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) 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.
ARTICLE 8. OPTOMETRISTS.
§30-8-5a. Special volunteer certificate of registration; civil
immunity for voluntary services rendered to indigents.
(a) There is established a special volunteer certificate of
registration for optometrists retired or retiring from the active
practice of optometry who wish to donate their expertise for the
care and treatment of indigent and needy patients in the clinic
setting of clinics organized, in whole or in part, for the delivery
of health care services without charge. The special volunteer
certificate of registration shall be issued by the West Virginia
board of optometry to optometrists registered or otherwise eligible
for registration under this article and the legislative 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 certificate of
registration provided in this subsection which shall contain the
optometrist's acknowledgment that:
(1) The optometrist's practice under the special volunteer
certificate of registration 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, for any optometrical services rendered
under the special volunteer certificate of registration;
(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 optometrist license.
(b) 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 certificate of registration 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 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, there must be a written
agreement between the optometrist and the clinic pursuant to which
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 one million dollars per occurrence.
(c) 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 optometrist rendering
voluntary optometrical services at or for the clinic under a special
volunteer certificate of registration authorized under subsection
(a) of this section.
(d) For purposes of this section, "otherwise eligible for
registration" means the satisfaction of all the requirements for
registration as listed in section five of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of section seven of this article and of the legislative
rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer certificate of registration to
any optometrist whose certificate of registration is or has been
subject to any disciplinary action or to any optometrist who has
surrendered a certificate of registration or caused such
registration to lapse, expire and become invalid in lieu of having
a complaint initiated or other action taken against his or her
registration, or who has elected to place a certificate of
registration in inactive status in lieu of having a complaint
initiated or other action taken against his or her registration, or
who has been denied a certificate of registration.
(f) 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 certificate of registration.
ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14A-5. Special volunteer osteopathic physician assistant
certification; civil immunity for voluntary
services rendered to indigents.
(a) There is established a special volunteer osteopathic
physician assistant certificate for osteopathic physician assistants
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 clinic setting of clinics
organized, in whole or in part, for the delivery of health care
services without charge. The special volunteer osteopathic
physician assistant certificate shall be issued by the West Virginia
Board of Osteopathy to osteopathic physician assistants certified
or otherwise eligible for certification under this article and the
legislative rules promulgated hereunder without the payment of any
application fee, certificate 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 certificate
provided in this subsection which shall contain the osteopathic
physician assistant's acknowledgment that:
(1) The osteopathic physician assistant's practice under the
special volunteer osteopathic physician assistant certificate will
be exclusively devoted to providing osteopathic care to needy and
indigent persons in West Virginia;
(2) The osteopathic physician assistant will not receive any
payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, for any osteopathic
services rendered under the special volunteer osteopathic physician
assistant certificate;
(3) The osteopathic physician assistant will supply any
supporting documentation that the board may reasonably require; and
(4) The osteopathic physician assistant agrees to continue to
participate in continuing education as required by the board for a
special volunteer osteopathic physician assistant license.
(b) Any osteopathic physician assistant who renders any
osteopathic 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 osteopathic
physician assistant certificate 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 osteopathic service at the clinic unless the act or omission was the result of the osteopathic physician assistant's
gross negligence or willful misconduct. In order for the immunity
under this subsection to apply, there must be a written agreement
between the osteopathic physician assistant and the clinic pursuant
to which the osteopathic physician assistant will provide voluntary
uncompensated medical services under the control of the clinic to
patients of the clinic before the rendering of any services by the
osteopathic physician assistant at the clinic:
Provided, That any
clinic entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) 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 osteopathic physician
assistant rendering voluntary medical services at or for the clinic
under a special volunteer osteopathic physician assistant
certificate authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
certification" means the satisfaction of all the requirements for
certification as listed in section one of this article and in the
legislative rules promulgated thereunder. The term does not include
the fee requirement of section three of this article or of
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer osteopathic physician assistant certificate to any osteopathic physician assistant whose certificate
is or has been subject to any disciplinary action or to any
osteopathic physician assistant who has surrendered an osteopathic
physician assistant certificate or caused such certificate to lapse,
expire and become invalid in lieu of having a complaint initiated
or other action taken against his or her certificate, or who has
elected to place an osteopathic physician assistant certificate in
inactive status in lieu of having a complaint initiated or other
action taken against his or her certificate, or who has been denied
an osteopathic physician assistant certificate.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any osteopathic physician 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 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 osteopathic physician assistant who holds a special
volunteer osteopathic physician assistant certificate.
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-8a. 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 therapy 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 clinic 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 any application fee,
license fee or renewal fee, shall be issued for two fiscal years or
part thereof, and shall be renewable annually. The board shall
develop application forms for the special license provided in this
subsection 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 will not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment
or compensation, for any physical therapy services rendered under
the special volunteer license;
(3) The applicant will supply any supporting documentation that
the board may reasonably require; and
(4) The applicant agrees to continue to participate in
continuing education as required of by the board for a special
volunteer physical therapists or physical therapist assistants license, as the case may be.
(b) 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 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 pursuant to which 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 one million dollars per occurrence.
(c) 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 subsection (a) of this section.
(d) 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, as listed in section six of this article and in
the legislative rules promulgated thereunder, except the fee
requirements of subsection (e) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) 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 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.
(f) 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 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 physical therapist or physical
therapist assistant who holds a special volunteer license.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-16. 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 clinic 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 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 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, 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 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 one million dollars per occurrence.
(c) 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.
(d) 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) 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) 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.
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 clinic 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 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 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, 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 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
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 one million dollars per
occurrence.
(c) 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.
(d) 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) 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) 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.
NOTE: The purpose of this bill is to establish a special
license for health care professionals who are retired and are
donating their expertise in a clinic setting and to provide such
persons how render such services with immunity from civil
liability.
Sections 30-1-18, 30-3-16a, 30-4-8a, 30-4-10a, 30-5-10a, 30-7-
6a, 30-8-5a, 30-14A-5, 30-20-8a, 30-23-3a and 30-28-8a are new,
therefore, strike-throughs and underscoring have been omitted.