SS/SCS/SB 129 - This act establishes the Volunteer Health Services Act which allows a licensed health care provider to provide volunteer professional health care services for a sponsoring organization. Any person with a suspended or revoked license or who provides services outside the scope of his or her license is not eligible to provide services under the act. Before a health care professional can provide volunteer services, the sponsoring organization shall register with the Department of Health and Senior Services and pay a $50 fee. Such registration form and fee shall be submitted annually to the department for the administration of the provisions of this act. A sponsoring organization shall file a quarterly voluntary services report with the department, keep its records of health care provider volunteers up to date, and maintain the records for five years following the service rendered by the health care provider volunteer.
Any health care provider volunteering his or her services shall not be liable for any civil damages for any act or omission resulting from his or her service unless there was gross deviation from the ordinary standard of care or willful misconduct. "Gross deviation" is defined as the conscious disregard for the safety of others.
A volunteer cannot receive any form of direct or indirect compensation, benefits, or consideration for his or her health care services. The volunteer shall perform acts within the scope of his or her professional license, in his or her professional practice area and in compliance with all applicable health care regulations.
Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or emotional distress of any participant to the intervention that is caused by the act or omission of the team member during an intervention with certain specified exceptions.
Nothing in the Volunteer Health Services Act shall require a health care provider or organization providing health care services without charge to register with the department and receive the liability protections under the act.
ADRIANE CROUSE