COMMITTEE SUBSTITUTE
FOR
H. B. 2961
(By Delegates Amores, Ashley, Azinger, Beane and Martin)
(Originating in the Committee on the Judiciary)
[March 1, 1999]
A BILL to amend article three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten-a; and to
amend article fourteen of said chapter by adding thereto a new
section, designated section twelve-b, all relating to
establishing a special volunteer medical license; providing
for issuance without payment of fees; specifying requirements
of license; and providing for civil immunity for voluntary
medical services rendered to indigents.
Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-a;
and that article fourteen of said chapter be amended by adding
thereto a new section, designated section twelve-b, all to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10a. Special volunteer medical license; civil immunity for
voluntary services rendered to indigents.
(a) There is established a special volunteer medical license
for physicians who wish to donate their expertise for the medical
care and treatment of indigent and needy patients 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 without the payment of any application fee, examination
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) that the physician 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 medical license; and (3) that the
physician will supply any supporting documentation that the board may reasonably require.
(b)
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 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.
(c) 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.
(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, except the fee
requirements of subsections (b) and (d) of that 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 established a special volunteer medical license
for physicians who wish to donate their expertise for the medical
care and treatment of indigent and needy patients 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 osteopathy to
physicians licensed or otherwise eligible for licensure under this
article without the payment of any application fee, examination
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) that the physician 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 medical license; and (3) that the
physician will supply any supporting documentation that the board
may reasonably require.
(b) 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 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.
(c) 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.
(d) For purposes of this section, "otherwise eligible for
licensure" means satisfaction of all the requirements for licensure
as listed in section five of this article, except the fee
requirements of that section.
§§30-3-10a and 30-14-12b are new; therefore, strike-throughs
and underscoring have been omitted.
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