1Amending the act of December 4, 1996 (P.L.893, No.141), entitled
2"An act providing for volunteer health services; limiting
3liability of a volunteer license holder; and requiring
4reports," providing for volunteer mental health services for
5military families; limiting liability of persons who hold
6volunteer licenses and provide mental health services to
7military families; and making editorial changes.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. The act of December 4, 1996 (P.L.893, No.141),
11known as the Volunteer Health Services Act, is amended by adding
12a chapter heading to read:

13CHAPTER 1

14PRELIMINARY PROVISIONS

15Section 2. Section 1 of the act is renumbered to read:

16Section [1] 101. Short title.

17This act shall be known and may be cited as the Volunteer
18Health Services Act.

1Section 3. Section 2 of the act is renumbered and amended to
2read:

3Section [2] 102. Purpose.

4It is the purpose of this act to [increase]:

5(1) Increase the availability of primary health care
6services by establishing a procedure through which physicians
7and other health care practitioners who are retired from
8active practice may provide professional services as a
9volunteer in approved clinics serving financially qualified
10persons and in approved clinics located in medically
11underserved areas or health professionals shortage areas.

12(2) Increase the availability of mental health services
13by establishing a procedure through which physicians and
14other health care practitioners who are retired from active
15practice may provide mental health services as a volunteer to
16United States military personnel and their families whether
17inside or outside a clinic setting.

18Section 4. The act is amended by adding a chapter heading to
19read:

20CHAPTER 3

21PRIMARY HEALTH SERVICES AT APPROVED CLINICS

22Section 5. Sections 3 and 4 of the act, amended June 19,
232002 (P.L.406, No.58), are renumbered and amended to read:

24Section [3] 301. Definitions.

25The following words and phrases when used in this act shall
26have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28"Approved clinic." An organized community-based clinic
29offering primary health care services to individuals and
30families who cannot pay for their care, to medical assistance

1clients or to residents of medically underserved areas or health
2professionals shortage areas. The term may include, but shall
3not be limited to, a State health center, nonprofit community-
4based clinic and federally qualified health center, as
5designated by Federal rulemaking or as approved by the
6Department of Health or the Department of Public Welfare.

7"Board." The State Board of Medicine, the State Board of
8Osteopathic Medicine, the State Board of Dentistry, the State
9Board of Podiatry, the State Board of Nursing, the State Board
10of Optometry and the State Board of Chiropractic.

11"Health care practitioner." An individual licensed to
12practice a component of the healing arts by a licensing board
13within the Department of State.

14"Licensee." An individual who holds a current, active,
15unrestricted license as a health care practitioner issued by the
16appropriate board.

17"Primary health care services." The term includes, but is
18not limited to, regular checkups, immunizations, school
19physicals, health education, prenatal and obstetrical care,
20early periodic screening and diagnostic testing and health
21education.

22"Volunteer license." A license issued by the appropriate
23board to a health care practitioner who documents, to the
24board's satisfaction, that the individual will practice only in
25approved clinics without remuneration, who is:

26(1) a retired health care practitioner; or

27(2) a nonretired health care practitioner who is not
28required to maintain professional liability insurance under
29[the act of October 15, 1975 (P.L.390, No.111), known as the
30Health Care Services Malpractice Act, or] the act of March

120, 2002 (P.L.154, No.13), known as the Medical Care
2Availability and Reduction of Error (Mcare) Act, because the
3health care practitioner is not otherwise practicing medicine
4or providing health care services in this Commonwealth.

5Section [4] 302. Volunteer status.

6A licensee in good standing who retires from active practice
7or a nonretired licensee who does not otherwise currently
8practice or provide health care services in this Commonwealth
9and is not required to maintain professional liability insurance
10under [the act of October 15, 1975 (P.L.390, No.111), known as
11the Health Care Services Malpractice Act, or] the act of March
1220, 2002 (P.L.154, No.13), known as the Medical Care
13Availability and Reduction of Error (Mcare) Act, may apply, on
14forms provided by the appropriate board, for a volunteer
15license.

16Section 6. Section 5 of the act, amended June 19, 2002
17(P.L.406, No.58), is renumbered to read:

18Section [5] 303. Regulations.

19Each board shall promulgate regulations governing the
20volunteer license category. The regulations shall include
21qualifications for obtaining a volunteer license.

22Section 7. Section 6 of the act, amended July 8, 2007
23(P.L.91, No.29), is renumbered and amended to read:

24Section [6] 304. License renewal; disciplinary and corrective
25measures.

26(a) Renewal term.--A volunteer license shall be subject to
27biennial renewal.

28(b) Fee exemption.--[Holders of] Persons who hold volunteer
29licenses shall be exempt from renewal fees imposed by the
30appropriate licensing board.

1(c) Continuing education.--Except as set forth in subsection
2(d), [holders of] persons who hold volunteer licenses shall
3comply with any continuing education requirements imposed by
4board rulemaking as a general condition of biennial renewal.

5(d) Physicians.--

6(1) [Holders of] Persons who hold volunteer licenses
7[who] and are physicians shall complete a minimum of 20
8credit hours of American Medical Association Physician's
9Recognition Award Category 2 activities during the preceding
10biennial period as a condition of biennial renewal and are
11otherwise exempt from any continuing education requirement
12imposed by section 910 of the act of March 20, 2002 (P.L.154,
13No.13), known as the Medical Care Availability and Reduction
14of Error (Mcare) Act, or by board rulemaking.

15(2) Physicians who are covered by section [10.2] 310 and
16hold an unrestricted license to practice medicine shall
17complete the continuing medical education requirements
18established by the boards under section 910 of the Medical
19Care Availability and Reduction of Error (Mcare) Act to be
20eligible for renewal of the unrestricted license.

21(e) Disciplinary matters.--In the enforcement of
22disciplinary matters, [holders of] persons who hold volunteer
23licenses shall be subject to those standards of conduct
24applicable to all licensees licensed by the appropriate board.

25Section 8. Section 7 of the act is renumbered and amended to
26read:

27Section [7] 305. Liability.

28(a) General rule.--A [holder of] person who holds a
29volunteer license [who] and, in good faith, renders professional
30health care services under this act shall not be liable for

1civil damages arising as a result of any act or omission in the
2rendering of care unless the conduct of the [volunteer licensee]
3person falls substantially below professional standards which
4are generally practiced and accepted in the community and unless
5it is shown that the [volunteer licensee] person did an act or
6omitted the doing of an act which the person was under a
7recognized duty to a patient to do, knowing or having reason to
8know that the act or omission created a substantial risk of
9actual harm to the patient.

10(b) Application.--This section shall not apply unless the
11approved clinic posts in a conspicuous place on its premises an
12explanation of the exemptions from civil liability provided
13under subsection (a). The protections provided by this section
14shall not apply to institutional health care providers, such as
15hospitals or approved clinics, subject to vicarious liability
16for the conduct of a volunteer license holder. The liability of
17such institutional defendants shall be governed by the standard
18of care established by common law.

19Section 9. Section 8 of the act is renumbered to read:

20Section [8] 306. Report.

21Beginning 30 days after the effective date of this act and
22every 30 days thereafter until such regulations are in effect,
23the chairmen of the appropriate boards shall report in writing
24to the Commissioner of Professional and Occupational Affairs on
25the status of the volunteer license regulations, who shall
26convey the required reports to the standing committees on
27Consumer Protection and Professional Licensure and Public Health
28and Welfare of the Senate and the standing committees on
29Professional Licensure and Health and Human Services of the
30House of Representatives.

1Section 10. Section 9 of the act, amended June 19, 2002
2(P.L.406, No.58), is renumbered and amended to read:

3Section [9] 307. Exemptions.

4For the purposes of this [act, volunteer licensees who]
5chapter, persons who hold volunteer licenses and are otherwise
6subject to the provisions of [the act of October 15, 1975
7(P.L.390, No.111), known as the Health Care Services Malpractice
8Act, or] the act of March 20, 2002 (P.L.154, No.13), known as
9the Medical Care Availability and Reduction of Error (Mcare)
10Act, shall be exempt from the requirements of that act with
11regard to the maintenance of liability insurance coverage.
12[Volunteer licensees holding] If the persons hold a license
13issued by the State Board of Chiropractic, the persons shall be
14exempt from the provisions of section 508 of the act of December
1516, 1986 (P.L.1646, No.188), known as the Chiropractic Practice
16Act.

17Section 11. Section 10 of the act is renumbered and amended
18to read:

19Section [10] 308. State health centers.

20[Services] Primary health care services of [volunteers] a 
21person who holds a volunteer license shall not be substituted
22for those of Commonwealth employees.

23Section 12. Section 10.1 of the act, added October 18, 2000
24(P.L.599, No.76), is renumbered and amended to read:

25Section [10.1] 309. Prescription of medication for family
26members.

27(a) General rule.--A [holder of] person who holds a
28volunteer license [who] and was able to prescribe medication
29pursuant to the laws of this Commonwealth while a licensee may
30prescribe medication to any member of [his] the person's family

1notwithstanding the family member's ability to pay for that
2member's own care or whether that member is being treated at an
3approved clinic.

4(b) Liability.--The liability provisions of section [7(a)]
5305(a) shall apply to a [holder of] person who holds a volunteer
6license [who] and prescribes medication to a family member
7pursuant to this section, whether or not the provisions of
8section [7(b)] 305(b) have been followed.

9(c) Construction.--Nothing in this section shall be
10construed to allow a person who holds a volunteer license
11[holder] to prescribe medication of a type or in a manner
12prohibited by the laws of this Commonwealth.

13(d) Definition.--As used in this section, the term "family
14member" means a volunteer license holder's spouse, child,
15daughter-in-law, son-in-law, mother, father, sibling, mother-in-
16law, father-in-law, sister-in-law, brother-in-law, grandparent,
17grandchild, niece, nephew or cousin.

18Section 13. Sections 10.2 and 10.3 of the act, added June
1919, 2002 (P.L.406, No.58), are renumbered and amended to read:

20Section [10.2] 310. Indemnity and defense for active
21practitioners.

22A health care practitioner who provides health care services
23at an approved clinic without remuneration under an active
24nonvolunteer license shall be entitled to indemnity and defense
25under the terms of whatever liability insurance coverage is
26maintained by or provided to the practitioner to comply with
27[the act of October 15, 1975 (P.L.390, No.111), known as the
28Health Care Services Malpractice Act, or] the act of March 20,
292002 (P.L.154, No.13), known as the Medical Care Availability
30and Reduction of Error (Mcare) Act, in the scope of their

1regular practice. No health care practitioner may be surcharged
2or denied coverage for rendering services at an approved clinic.
3Nothing set forth in this section shall limit a carrier's right
4to refuse coverage or to adjust premiums on the basis of
5meritorious claims against the practitioner.

6Section [10.3] 311. Optional liability coverage.

7A [holder of] person who holds a volunteer license, or an
8approved clinic acting on behalf of [a volunteer licensee, who]
9such person, and elects to purchase primary insurance to cover
10services rendered at an approved clinic shall not be obligated
11to purchase excess coverage through the Medical Professional
12Catastrophe Loss Fund or the Medical Care Availability and
13Reduction of Error (Mcare) Fund.

14Section 14. The act is amended by adding a chapter to read:

15CHAPTER 5

16MENTAL HEALTH SERVICES FOR

17MILITARY FAMILIES

18Section 501. Definitions.

19The following words and phrases when used in this chapter
20shall have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Approved organization." A nonprofit organization as defined
23under section 501(c)(3) of the Internal Revenue Code of 1986
24(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to
25refer United States military personnel and their families,
26regardless of income and who are in need of mental health
27services, to licensed volunteers who provide mental health
28services, whether the mental health services are provided inside
29or outside a clinic setting.

30"Board." The State Board of Medicine, the State Board of

1Osteopathic Medicine, the State Board of Psychology and the
2State Board of Social Workers, Marriage and Family Therapists
3and Professional Counselors.

4"Licensee." An individual who holds a current, active,
5unrestricted license to provide mental health services by the
6appropriate board.

7"Mental health services." The term includes, but is not
8limited to, marital and family therapy, substance abuse
9counseling and treatment for post-traumatic stress disorder and
10traumatic brain injury.

11"Mental health volunteer license." A license issued by the
12appropriate board to a health care practitioner who documents,
13to the board's satisfaction, that the individual will practice
14only upon referral from approved organizations without
15remuneration, who is:

16(1) a retired health care practitioner; or

17(2) a nonretired health care practitioner who is not
18required to maintain professional liability insurance under
19the act of March 20, 2002 (P.L.154, No.13), known as the
20Medical Care Availability and Reduction of Error (Mcare) Act,
21because the health care practitioner is not otherwise
22practicing medicine or providing mental health services in
23this Commonwealth.

24Section 502. Volunteer status.

25A licensee in good standing who retires from active practice
26or a nonretired licensee who does not otherwise currently
27practice in this Commonwealth and is not required to maintain
28professional liability insurance under the act of March 20, 2002
29(P.L.154, No.13), known as the Medical Care Availability and
30Reduction of Error (Mcare) Act, may apply, on forms provided by

1the appropriate board, for a mental health volunteer license.

2Section 503. Regulations.

3Each board shall promulgate regulations governing the mental
4health volunteer license category. The regulations shall include
5qualifications for obtaining a mental health volunteer license.

6Section 504. License renewal; disciplinary and corrective
7measures.

8(a) Renewal term.--A mental health volunteer license shall
9be subject to biennial renewal.

10(b) Fee exemption.--Persons who hold mental health volunteer
11licenses shall be exempt from renewal fees imposed by the
12appropriate licensing board.

13(c) Continuing education.--Except as set forth in subsection
14(d), persons who hold mental health volunteer licenses shall
15comply with any continuing education requirements imposed by
16board rulemaking as a general condition of biennial renewal.

17(d) Physicians.--

18(1) Persons who hold mental health volunteer licenses
19and are physicians shall complete a minimum of 20 credit
20hours of American Medical Association Physician's Recognition
21Award Category 2 activities during the preceding biennial
22period as a condition of biennial renewal and are otherwise
23exempt from any continuing education requirement imposed by
24section 910 of the act of March 20, 2002 (P.L.154, No.13),
25known as the Medical Care Availability and Reduction of Error
26(Mcare) Act, or by board rulemaking.

27(2) Physicians who are covered by section 510 and hold
28an unrestricted license to practice medicine shall complete
29the continuing medical education requirements established by
30the boards under section 910 of the Medical Care Availability

1and Reduction of Error (Mcare) Act to be eligible for renewal
2of the unrestricted license.

3(e) Disciplinary matters.--In the enforcement of
4disciplinary matters, persons who hold mental health volunteer
5licenses shall be subject to those standards of conduct
6applicable to all licensees licensed by the appropriate board.

7Section 505. Liability.

8(a) General rule.--A person who holds a mental health
9volunteer license and, in good faith, renders professional
10mental health services under this chapter shall not be liable
11for civil damages arising as a result of any act or omission in
12the rendering of care unless the conduct of the person falls
13substantially below professional standards which are generally
14practiced and accepted in the community and unless it is shown
15that the person did an act or omitted the doing of an act which
16the person was under a recognized duty to a patient to do,
17knowing or having reason to know that the act or omission
18created a substantial risk of actual harm to the patient.

19(b) Application.--This section shall not apply unless the
20person posts in a conspicuous place on the person's premises an
21explanation of the exemptions from civil liability provided
22under subsection (a). The protections provided by this section
23shall not apply to institutional health care providers, such as
24hospitals or approved clinics, subject to vicarious liability
25for the conduct of a volunteer license holder. The liability of
26such institutional defendants shall be governed by the standard
27of care established by common law.

28Section 506. Report.

29Beginning 30 days after the effective date of this chapter
30and every 30 days thereafter until such regulations applicable

1to this chapter are in effect, the chairmen of the appropriate
2boards shall report in writing to the Commissioner of
3Professional and Occupational Affairs on the status of the
4mental health volunteer license regulations who shall convey the
5required reports to the standing committees on Consumer
6Protection and Professional Licensure and Public Health and
7Welfare of the Senate and the standing committees on
8Professional Licensure, Health and Human Services of the House
9of Representatives.

10Section 507. Exemptions.

11For the purposes of this chapter, persons who hold a mental
12health volunteer license and are otherwise subject to the
13provisions of the act of March 20, 2002 (P.L.154, No.13), known
14as the Medical Care Availability and Reduction of Error (Mcare)
15Act, shall be exempt from the requirements of that act with
16regard to the maintenance of liability insurance coverage. If
17the persons hold a license issued by the State Board of
18Chiropractic, the persons shall be exempt from the provisions of
19section 508 of the act of December 16, 1986 (P.L.1646, No.188),
20known as the Chiropractic Practice Act.

21Section 508. State health centers.

22Mental health services of persons who hold a mental health
23volunteer license shall not be substituted for those of
24Commonwealth employees.

25Section 509. Prescription of medication for family members.

26(a) General rule.--A person who holds a mental health
27volunteer license and was able to prescribe medication pursuant
28to the laws of this Commonwealth while a licensee may prescribe
29medication to any member of the person's family notwithstanding
30the family member's ability to pay for that member's own care or

1whether that member is being treated at an approved provider.

2(b) Liability.--The liability provisions of section 505(a)
3shall apply to a person who holds a mental health volunteer
4license and prescribes medication to a family member pursuant to
5this section, whether or not the provisions of section 505(b)
6have been followed.

7(c) Construction.--Nothing in this section shall be
8construed to allow a person who holds a mental health volunteer
9license to prescribe medication of a type or in a manner
10prohibited by the laws of this Commonwealth.

11(d) Definition.--As used in this section, the term "family
12member" means a volunteer license holder's spouse, child,
13daughter-in-law, son-in-law, mother, father, sibling, mother-in-
14law, father-in-law, sister-in-law, brother-in-law, grandparent,
15grandchild, niece, nephew or cousin.

16Section 510. Indemnity and defense for active practitioners.

17A health care practitioner who provides mental health
18services upon the referral of an approved organization without
19remuneration under an active nonvolunteer license shall be
20entitled to indemnity and defense under the terms of whatever
21liability insurance coverage is maintained by or provided to the
22practitioner to comply with the act of March 20, 2002 (P.L.154,
23No.13), known as the Medical Care Availability and Reduction of
24Error (Mcare) Act, in the scope of their regular practice. No
25health care practitioner may be surcharged or denied coverage
26for rendering mental health services upon the referral of an
27approved organization. Nothing set forth in this section shall
28limit a carrier's right to refuse coverage or to adjust premiums
29on the basis of meritorious claims against the practitioner.

30Section 511. Optional liability coverage.

1A person who holds a mental health volunteer license or an
2approved organization and elects to purchase primary insurance
3to cover mental health services rendered upon referral of the
4approved organization shall not be obligated to purchase excess
5coverage through the Medical Professional Catastrophe Loss Fund
6or the Medical Care Availability and Reduction of Error (Mcare)
7Fund.

8Section 15. The act is amended by adding a chapter heading
9to read:

10CHAPTER 7

11MISCELLANEOUS PROVISIONS

12Section 16. The act is amended by adding a section to read:

13Section 701. (Reserved).

14Section 17. Section 11 of the act is renumbered to read:

15Section [11] 702. Effective date.

16This act shall take effect in 60 days.

17Section 18. This act shall take effect in 60 days.