H. B. 4662


(By Mr. Speaker, (Mr. Kiss), (By Request))
[Introduced February 21, 2006; referred to the
Committee on Government Organization.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-4-8a, relating to establishing a special volunteer dental license for retired dentists wishing to donate their expertise for the dental care and treatment of indigent and needy patients in the clinic setting.

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 §30-4-8a, to read as follows:
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 hereby 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 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 and totally 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 dental education as required of dentists in active practice.
(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 shall be required to maintain liability coverage of not less than one million dollars per occurrence.
(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 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 hereunder, except the fee requirements of subsection (6) of said section and of the legislative rule 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 have 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.
(g) A dental 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 may purchase medications, materials, equipment and supplies through contracts with the purchasing division of the Department of Administration, pursuant to section eight, article three, chapter five-a of the West Virginia Code, and subject to any procedures and rules as may be prescribed by the Purchasing Division Director.


NOTE: The purpose of this bill is to provide for a special volunteer dental license for retired dentists wishing to donate their expertise for the dental care and treatment of indigent and needy patients in the clinic setting.

 §30-4-8a is new; therefore, strike-throughs and underscoring have been omitted.