WEST virginia
legislature
2017 regular session
By
[
to the Committee on Health and Human Resources; and then to the Committee on
the Judiciary
A BILL to amend and
reenact §30-3-10a of the Code of West Virginia, 1931, as amended; 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 and reenact §30-8-16 of said
code; to amend and reenact §30-14-12b of said code; 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 licensed professionals to donate time to
the care of indigent and needy in a clinical setting; and allowing for some of
donated time to be counted against continuing education required hours.
Be it enacted by the
Legislature of West Virginia:
That §30-3-10a of the
Code of West Virginia, 1931, as amended, 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 §30-8-16 of said code be amended and reenacted; that §30-14-12b of said
code be amended and reenacted; 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 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 clinic 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 clinic
setting.
(b) (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 under an arrangement with a clinic as authorized under
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) Any physician who renders medical service to indigent
and needy patients under a special volunteer medical license authorized under
subsection (a) of this section or under an arrangement with a clinic as
authorized under subsection (b) of this section may fulfill one hour of
continuing education by the performance of one hour of volunteer services to
eligible indigent or needy patients as provided in this section, up to a
maximum of ten credits per licensure period. When submitting continuing
education hours to the West Virginia Board of Medicine, the physician shall
include a signed letter from the clinic certifying that the physician rendered
volunteer services for the hours claimed.
(c) (e) 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 is 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 under an arrangement
with a clinic as authorized under subsection (b) of this section.
(d) (f) 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.
(e) (g) 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.
(f) (h) 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 under an arrangement with a clinic as authorized
under 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 under an arrangement with a clinic as
authorized under subsection (b) of this section.
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 clinic 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 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 office of the dentist or dental hygienist or the clinic setting.
(b) (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 under an arrangement
with a clinic as authorized under 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) Any dentist or dental hygienist who renders dentistry
or dental hygiene service to indigent and needy patients under a special
volunteer dentist or dental hygienist license authorized under subsection (a)
of this section or under an arrangement with a clinic as authorized under
subsection (b) of this section may fulfill one hour of continuing education by
the performance of one hour of volunteer services to eligible indigent or needy
patients as provided in this section.
(1) A dentist may earn up to eight hours of continuing education
credits per biennial period for care provided to eligible indigent or needy
patients as provided in this section.
(2) A dental hygienist may earn up to five hours of
continuing education credits per biennial period for care provided to eligible
indigent or needy patients as provided in this section.
(3) When submitting
continuing education hours to the West Virginia Board of Dentistry, the dentist
or dental hygienist shall include a signed letter from the clinic certifying
that the dentist or dental hygienist rendered volunteer services for the hours
claimed.
(c) (e) 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 under an arrangement
with a clinic as authorized under subsection (b) of this section.
(d) (f) 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.
(e) (g) Nothing in this section may be construed
as requiring the board to issue a special volunteer dentist or dental hygienist
license to any 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.
(f) (h) 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 under an
arrangement with a clinic as authorized under 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 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 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 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 pharmacist’s office or the clinic setting.
(b) (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 under an arrangement with a clinic as
authorized under 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) Any pharmacist who renders service to indigent and
needy patients under a special volunteer license authorized under subsection
(a) of this section or under an arrangement with a clinic as authorized under
subsection (b) of this section may fulfill one hour of continuing education by
the performance of one hour of volunteer services to eligible indigent or needy
patients as provided in this section, up to a maximum of six credits per
licensure period. When submitting continuing education hours to the West
Virginia Board of Pharmacy, the pharmacist shall include a signed letter from
the clinic certifying that the pharmacist rendered volunteer services for the
hours claimed.
(c) (e)
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 under an arrangement with a
clinic as authorized under subsection (b) of this section.
(d) (f) 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.
(e) (g) 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) (h) 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 under an arrangement with a clinic as authorized under
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 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 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 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 office of the registered professional nurse or the
clinic setting.
(b) (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 under an
arrangement with a clinic as authorized under 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) Any registered professional nurse who renders service
to indigent and needy patients under a special volunteer license authorized
under subsection (a) of this section or under an arrangement with a clinic as
authorized under subsection (b) of this section may fulfill one hour of
continuing education by the performance of one hour of volunteer services to
eligible indigent or needy patients as provided in this section, up to a
maximum of three credits per licensure period. When submitting continuing
education hours to the West Virginia Board of Examiners for Registered
Professional Nurses, the registered professional nurse shall include a signed
letter from the clinic certifying that the registered professional nurse
rendered volunteer services for the hours claimed.
(c) (e) 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 under an arrangement
with a clinic as authorized under subsection (b) of this section.
(d) (f) 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) (g) 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) (h) 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 under an arrangement with a clinic as
authorized under 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 clinic 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 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 office of the optometrist or the clinic setting.
(d) (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 under an arrangement with a clinic as authorized under
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) Any optometrist who renders service to indigent and
needy patients under a special volunteer license authorized under subsection
(a) of this section or under an arrangement with a clinic as authorized under
subsection (d) of this section may fulfill one hour of continuing education by
the performance of one hour of volunteer services to eligible indigent or needy
patients as provided in this section, up to a maximum of nine credits per
biennial period. When submitting continuing education hours to the West
Virginia Board of Optometry, the optometrist shall include a signed letter from
the clinic certifying that the optometrist rendered volunteer services for the
hours claimed.
(e) (g) 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
under an arrangement with a clinic as authorized under subsection (d) of this
section.
(f) (h) 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.
(g) (i) 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.
(h) (j) 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 under an arrangement with a
clinic as authorized under 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 clinic 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 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 clinic setting.
(b) (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 under an arrangement with a clinic
as authorized under 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) Any physician who renders medical service to indigent
and needy patients under a special volunteer medical license authorized under
subsection (a) of this section or under an arrangement with a clinic as
authorized under subsection (b) of this section may fulfill one hour of
continuing education by the performance of one hour of volunteer services to
eligible indigent or needy patients as provided in this section, up to a
maximum of seven credits per licensure period. When submitting continuing
education hours to the West Virginia Board of Osteopathic Medicine, the
physician shall include a signed letter from the clinic certifying that the
physician rendered volunteer services for the hours claimed.
(c) (e) 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
under an arrangement with a clinic as authorized under subsection (b) of this
section.
(d) (f) 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.
(e) (g) 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.
(f) (h) 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 under an arrangement
with a clinic as authorized under 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 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 physical therapist’s office or the
clinic setting.
(b) (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
under an arrangement with a clinic as authorized under 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) Any physical therapist or physical therapist assistant
who renders physical therapy services to indigent and needy patients under a
special volunteer license authorized under subsection (a) of this section or
under an arrangement with a clinic as authorized under subsection (b) of this
section may fulfill one hour of continuing education by the performance of one
hour of volunteer services to eligible indigent or needy patients as provided
in this section, up to a maximum of five credits per licensure period. When
submitting continuing education hours to the West Virginia Board of Physical
Therapy, the physical therapist or physical therapist assistant shall include a
signed letter from the clinic certifying that the physical therapist or
physical therapist assistant rendered volunteer services for the hours claimed.
(c) (e) 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 under an arrangement with a clinic as
authorized under subsection (b) of this section.
(d) (f) 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.
(e) (g) 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.
(f) (h) 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 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 physical therapist or physical therapist assistant who holds a special
volunteer license or who renders such care and treatment under an
arrangement with a clinic as authorized under 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
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 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 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 psychologist’s office or the clinic setting.
(b) (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) Any psychologist who renders psychology services to
indigent and needy patients under a special volunteer license authorized under
subsection (a) of this section or under an arrangement with a clinic as
authorized under subsection (b) of this section may fulfill one hour of
continuing education by the performance of one hour of volunteer services to
eligible indigent or needy patients as provided in this section, up to a
maximum of four credits per licensure period. When submitting continuing
education hours to the West Virginia Board of Examiners of Psychologists, the
psychologist shall include a signed letter from the clinic certifying that the
psychologist rendered volunteer services for the hours claimed.
(c) (e) 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 under an arrangement with a clinic as
authorized under subsection (b) of this section.
(d) (f) 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) (g) 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) (h) 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
under an arrangement with a clinic as authorized under 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 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 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 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 occupational therapist’s office
or the clinic setting.
(b) (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 under
an arrangement with a clinic as authorized under 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) Any occupational therapist who renders occupational
therapy services to indigent and needy patients under a special volunteer
license authorized under subsection (a) of this section or under an arrangement
with a clinic as authorized under subsection (b) of this section may fulfill
one hour of continuing education by the performance of one hour of volunteer
services to eligible indigent or needy patients as provided in this section, up
to a maximum of five credits per licensure period. When submitting continuing
education hours to the West Virginia Board of Occupational Therapy, the
occupational therapist shall include a signed letter from the clinic certifying
that the occupational therapist rendered volunteer services for the hours
claimed.
(c) (e) 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 under an arrangement
with a clinic as authorized under subsection (b) of this section.
(d) (f) 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) (g) 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) (h) 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 under an
arrangement with a clinic as authorized under subsection (b) of this section.
NOTE: The purpose of this bill is
to allow certain licensed professionals to donate their time to the care of the
indigent and the needy and to allow them to gain credit for their time against
continuing education requirements needed to maintain their license.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.