Bill Text: MS SB2902 | 2018 | Regular Session | Introduced
Bill Title: Voluntary health services without fee; add professions and provide for continuing education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2902 Detail]
Download: Mississippi-2018-SB2902-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Health and Welfare
By: Senator(s) Hill
Senate Bill 2902
AN ACT TO AMEND SECTIONS 73-25-38 AND 73-25-19, MISSISSIPPI CODE OF 1972, TO INCLUDE CERTAIN ADDITIONAL LICENSED HEALTH CARE PROFESSIONALS TO THE STATUTORY IMMUNITY FOR PROVIDING CHARITABLE MEDICAL CARE OR VOLUNTARY HEALTH CARE SERVICES WITHOUT A FEE, TO PROVIDE FOR CONTINUING EDUCATION CREDIT FOR HEALTH CARE PROFESSIONALS PROVING SUCH VOLUNTARY CARE, AND TO CLARIFY THE STATUS OF NONRESIDENT HEALTH CARE PROFESSIONALS PROVIDING SUCH VOLUNTARY CARE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-25-38, Mississippi Code of 1972, is amended as follows:
73-25-38. (1) Any licensed
physician, physician assistant, dentist, dental hygienist, optometrist
or * * *
nurse * * *
who voluntarily provides needed medical or health services to any person
without the expectation of payment due to the inability of * * * the person to pay for * * * those services shall be immune
from liability for any civil action arising out of the provision of * * * those medical or health services
provided in good faith on a charitable basis. This section shall not extend
immunity to acts of willful or gross negligence. Except in cases of rendering
emergency care * * * in which the provisions of Section 73-25-37 apply,
immunity under this section shall be extended only if the physician, physician
assistant, dentist, dental hygienist, optometrist or * * * nurse * * * and patient execute a written
waiver in advance of the rendering of * * * those medical services specifying
that * * * those
services are provided without the expectation of payment and that the licensed
physician, physician assistant, dentist, dental hygienist, optometrist
or * * *
nurse * * *
shall be immune as provided in this subsection. The immunity from liability
granted by this subsection also shall extend to actions arising from a church-operated
or charitable nonprofit outpatient medical clinic that exists solely for
the purpose of providing charitable medical services to persons who are unable
to pay for * * *
those services, provided that the outpatient clinic receives less than
Forty Thousand Dollars ($40,000.00) annually in patient payments.
(2) Any licensed physician,
physician assistant, dentist, dental hygienist, optometrist or * * * nurse * * * assisting with emergency
management, emergency operations or hazard mitigation in response to any
emergency, man-made or natural disaster, who voluntarily provides needed
medical or health services to any person without fee or other compensation,
shall not be liable for civil damages on the basis of any act or omission if
the physician, physician assistant, dentist, dental hygienist, optometrist
or nurse * * *
was acting in good faith and within the scope of their license, education and
training and the acts or omissions were not caused from gross, willful or
wanton acts of negligence.
(3) Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 73-25-18 without any payment or compensation or the expectation or promise of any payment or compensation shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service 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 or oral agreement for the physician to provide a voluntary noncompensated medical service before the rendering of the service by the physician.
(4) (a) Any licensed physician, physician assistant, dentist, dental hygienist, optometrist or nurse (hereinafter "medical professional") who voluntarily provides medical care and treatment to any person without expectation of payment as authorized in this section may fulfill one (1) credit hour of continuing education for each sixty (60) minutes of providing voluntary health services. The licensing body that issues licenses to the medical professional shall permit the medical professional to satisfy up to one-third (1/3) of the medical professional's continuing education requirement by providing services to persons without expectation of payment as authorized by this section.
(b) For purposes of claiming a continuing education credit, the medical professional, or cooperating free clinic or charitable clinic, shall keep records indicating the following:
(i) The number of hours of donated care;
(ii) The number of qualified indigent or needy patients served; and
(iii) The estimated value of care donated under this section.
(c) The applicable licensing body shall have the right to verify the number of hours of donated care by the medical professional by reviewing patient schedules and tracked hours.
(d) Any adverse incidents and information regarding treatment outcomes for care donated under this section must be reported by the medical professional to the appropriate licensing body, which shall review the incident to determine whether it involves conduct by the medical professional that is subject to disciplinary action. All patient medical records and identifying information contained in adverse incident reports and treatment outcomes are confidential.
( * * *5) Any licensed physician, or any
physician who is retired from active practice and who has been previously
issued an unrestricted license to practice medicine in any state of the United
States or who has been issued a special volunteer medical license under Section
73-25-18, shall be immune from liability for any civil action arising out of
any medical care or treatment provided while voluntarily serving as
"doctor of the day" for members of the Mississippi State Legislature,
legislative or other state employees, or any visitors to the State Capitol on
the date of such service. This subsection shall not extend immunity to acts of
willful or gross negligence or misconduct.
SECTION 2. Section 73-25-19, Mississippi Code of 1972, is amended as follows:
73-25-19. (1) A
nonresident * * * licensed physician, physician assistant, dentist,
dental hygienist, optometrist or nurse (hereinafter "medical
professional") not holding a license from * * * this state shall not be permitted
to practice * * *, unless he or she:
(a) Practices
in the state for * * * less than fifteen (15) days * * * per calendar year;
(b) Is called in consultation by a licensed medical professional residing in this state;
(c) Practices in an area that is under a state or federal declaration of emergency; or
(d) Is providing medical care and treatment to persons on a charitable basis without expectation of payment in coordination with:
(i) A free clinic organized and operating under the laws of the State of Mississippi; and is volunteering no more than sixteen (16) hours a week at the clinic;
(ii) A charitable clinic organized and operating under the laws of the State of Mississippi; and is volunteering no more than sixteen (16) hours a week at the clinic;
(iii) A nonprofit organization operating under the laws of another state that is conducting a medical mission in Mississippi that does not exceed five (5) consecutive days and is for the purpose of providing medical care and treatment on a charitable basis without expectation of payment.
This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17.
(2) This section shall not apply to:
(a) Any person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction; or
(b) A licensed medical professional who renders services outside the scope of practice authorized by the person's licensure, certification, or exception to that licensure or certification.
(3) Any nonresident medical professional providing temporary volunteer health services in this state through a Mississippi free clinic, Mississippi charitable clinic or medical mission operated by a nonprofit organization operating under the laws of another state shall be immune from liability for any civil action arising out of any act or omission resulting from the provision of those services unless the act or omission was the result of the nonresident medical professional's gross negligence or willful misconduct.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
