2018 -- H 7574

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LC003804

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PROVISION OF VOLUNTEER

HEALTH CARE SERVICES

     Introduced By: Representatives Morgan, Giarrusso, Nardolillo, Price, and Roberts

     Date Introduced: February 09, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 89

PROVISION OF VOLUNTEER HEALTH CARE SERVICES

     5-89-1. Definitions.

     As used in this chapter:

     (1) "Health care facility or location" means a hospital, clinic, ambulatory surgical facility,

office of a health care professional or associated group of health care professionals, training

institution for health care professionals, a free clinic or other nonprofit shelter or health care

facility, or any other place a health care service is provided to a person.

     (2) "Health care professional" means any of the following who provide health care

services:

     (i) Physicians authorized under to practice medicine and surgery or osteopathic medicine

and surgery;

     (ii) Registered nurses and licensed practical nurses and individuals who hold a certificate

of authority that authorizes the practice of nursing as a certified registered nurse anesthetist,

clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;

     (iii) Physician assistants;

     (iv) Dentists and dental hygienists;

     (v) Physical therapists, physical therapist assistants, occupational therapists, occupational

therapy assistants, and athletic trainers;

     (vi) Chiropractors;

     (vii) Optometrists;

     (viii) Podiatrists;

     (ix) Dietitians;

     (x) Pharmacists;

     (xi) Emergency medical technicians;

     (xii) Respiratory care professionals;

     (xiii) Speech-language pathologists and audiologists;

     (xiv) Licensed professional clinical counselors, licensed professional counselors,

independent social workers, social workers, independent marriage and family therapists, and

marriage and family therapists;

     (xv) Psychologists; and

     (xvi) Individuals who are acting within the scope of their license or certificate as

members of the profession of chemical dependency counseling or alcohol and other drug

prevention services.

     (3) "Health care service" means any type of medical, dental, or other health-related

diagnosis, care, or treatment provided to a person. "Health care service" includes, as the case may

be, providing samples of medicine or other medical products, performing any operation, or

delivering a baby.

      (4) "Health care worker" means a person other than a health care professional who

provides medical, dental, or other health-related care or treatment under the direction of a health

care professional with the authority to direct that individual's activities, including medical

technicians, medical assistants, dental assistants, orderlies, aides, students enrolled in health care

professional education programs, and individuals acting in similar capacities.

     (5) "Indigent and uninsured person" means a person who meets both of the following

requirements:

     (i) Relative to being indigent, the person's income is not greater than two hundred per

cent of the federal poverty line, as defined by the United States office of management and budget

and revised in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of

1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, except in any case in which subsection (b) of

this section includes a person whose income is greater than two hundred percent of the federal

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poverty line.

     (ii) Relative to being uninsured, one of the following applies:

     (A) The person is not a policyholder, certificate holder, insured, contract holder,

subscriber, enrollee, member, beneficiary, or other covered individual under a health insurance or

health care policy, contract, or plan.

     (B) The person is a policyholder, certificate holder, insured, contract holder, subscriber,

enrollee, member, beneficiary, or other covered individual under a health insurance or health care

policy, contract, or plan, but the insurer, policy, contract, or plan denies coverage or is the subject

of insolvency or bankruptcy proceedings in any jurisdiction.

     (C) The person is eligible for the medicaid program or is a medicaid recipient.

     (D) Except as provided in the preceding subsection, the person is not eligible for or a

recipient, enrollee, or beneficiary of any governmental health care program.

     (6) "Nonprofit health care referral organization" means an entity that is not operated for

profit and refers patients to, or arranges for the provision of a health care professional or health

care worker.

     (7) "Operation" means any procedure that involves cutting or otherwise infiltrating

human tissue by mechanical means, including surgery, laser surgery, ionizing radiation,

therapeutic ultrasound, or the removal of intraocular foreign bodies.

     (8) "Tort action" means a civil action for damages for injury, death, or loss to a person or

property other than a civil action for damages for a breach of contract or another agreement

between persons or government entities.

     (9) "Volunteer" means an individual who provides any health care service without the

expectation of receiving and without receipt of any compensation or other form of remuneration

from an indigent and uninsured person, another person on behalf of an indigent and uninsured

person, any health care facility or location, any nonprofit health care referral organization, or any

other person or government entity.

     5-89-2. Immunity of health care professional.

     A health care professional who is a volunteer and complies with the provisions of this

chapter is not liable in damages to any person or government entity in a tort or other civil action,

including an action on a medical, dental, chiropractic, optometric, or other health-related claim,

for injury, death, or loss to person or property that allegedly arises from an action or omission of

the volunteer in the provision to an indigent and uninsured person of a health care service, unless

the action or omission constitutes willful or wanton misconduct. To qualify for the immunity

described in this section, a health care professional shall do all of the following prior to providing

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a health care service:

     (1) Determine, in good faith, that the indigent and uninsured person is mentally capable

of giving informed consent to the health care service and is not subject to duress or under undue

influence;

     (2) Inform the person of the provisions of this section, including notifying the person that,

by giving informed consent to the provision of the health care service, the person cannot hold the

health care professional liable for damages in a tort or other civil action, including an action on a

medical, dental, chiropractic, optometric, or other health-related claim, unless the action or

omission of the health care professional constitutes willful or wanton misconduct;

     (3) Obtain the informed consent of the person and a written waiver, signed by the person

or by another individual on behalf of and in the presence of the person, that states that the person

is mentally competent to give informed consent and, without being subject to duress or under

undue influence, gives informed consent to the provision health care service subject to the

provisions of this section. A written waiver under this section shall state clearly and in

conspicuous type that the person or other individual who signs the waiver is signing it with full

knowledge that, by giving informed consent to the provision of the health care service, the person

cannot bring a tort or other civil action, including an action on a medical, dental, chiropractic,

optometric, or other health-related claim, against the health care professional unless the action or

omission of the health care professional constitutes willful or wanton misconduct.

     5-89-3. Immunity of health care workers.

     Health care workers who are volunteers are not liable in damages to any person or

government entity in a tort or other civil action, including an action upon a medical, dental,

chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or

property that allegedly arises from an action or omission of the health care worker in the

provision to an indigent and uninsured person of a health care service, unless the action or

omission constitutes willful or wanton misconduct.

     5-89-4. Immunity of nonprofit health care referral organizations.

     A nonprofit health care referral organization is not liable in damages to any person or

government entity in a tort or other civil action, including an action on a medical, dental,

chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or

property that allegedly arises from an action or omission of the nonprofit health care referral

organization in referring indigent and uninsured persons to, or arranging for the provision of a

health care service by a health care professional or a health care worker as defined in this chapter,

unless the action or omission constitutes willful or wanton misconduct.

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     5-89-5. Immunity of health care facilities.

     A health care facility or location associated with a health care professional, a health care

worker, or a nonprofit health care referral organization as defined in this chapter is not liable in

damages to any person or government entity in a tort or other civil action, including an action on

a medical, dental, chiropractic, optometric, or other health-related claim, for injury, death, or loss

to person or property that allegedly arises from an action or omission of the health care

professional or worker or nonprofit health care referral organization relative to the health care

service provided to an indigent and uninsured person on behalf of or at the health care facility or

location, unless the action or omission constitutes willful or wanton misconduct.

     5-89-6. Continuing education credit.

     (a) Notwithstanding any provision of the general or public laws to the contrary, a

licensing agency that licenses health care professionals shall apply toward the satisfaction of a

portion of a licensee's continuing education requirement the provision to an indigent and

uninsured person of health care services if all of the following apply:

     (1) The licensing agency that licenses health care professionals requires a licensee to

complete continuing education as a condition of having a license renewed by the agency.

     (2) The licensee provides the health services to an indigent and uninsured person.

     (3) The licensee provides the health services as a volunteer.

     (4) The health services provided are within the scope of authority of the licensee

renewing the license.

     (b) A licensing agency that licenses health care professionals shall permit a licensee to

satisfy up to one-third of the licensee's continuing education requirement by providing health

services as a volunteer. A licensing agency that licenses health care professionals shall permit a

licensee to earn continuing education credits at the rate of one credit hour for each sixty minutes

spent providing health services as a volunteer.

     (c) A licensing agency that licenses health care professionals shall adopt rules as

necessary to implement this section.

     SECTION 2. This act shall take effect upon passage.

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LC003804

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PROVISION OF VOLUNTEER

HEALTH CARE SERVICES

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     This act would grant immunity from liability and suit to health care professionals,

workers, and facilities providing volunteer services, and would also provide continuing education

credits for such services.

     This act would take effect upon passage.

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