PRINTER'S NO. 376
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
358
Session of
2017
INTRODUCED BY BAKER, PHILLIPS-HILL, PICKETT, COX, MURT,
B. MILLER, WARD, DOWLING, V. BROWN, BOBACK, A. HARRIS,
GABLER, SCHEMEL, EVERETT, READSHAW AND BENNINGHOFF,
FEBRUARY 7, 2017
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 7, 2017
AN ACT
Providing for a volunteer health care practitioner
certification; and imposing powers and duties on the
Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Volunteer
Health Care Practitioner Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Free clinic." A facility that is operated by a nonprofit
private entity and meets all of the following criteria:
(1) The facility does not accept reimbursements for
health care services from any third-party payer, including
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reimbursements under any insurance policies or health
benefits plans, or under any Federal or State health benefits
programs. The facility may accept voluntary donations for the
provision of services.
(2) The facility does not impose charges on patients or
impose a charge according to the patient's ability to pay the
charge.
(3) The services at the facility are provided by
volunteer health care practitioners.
"Free clinic offsite program." A program or event operated
by a free clinic through which qualifying health services are
provided to patients at a site other than the free clinic
through a referral network, which may include a volunteer health
care practitioner's customary practice location or another
location, as appropriate.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Qualifying health services." As defined under section 224
of the Public Health Service Act (58 Stat. 682, 42 U.S.C. ยง
233).
Section 3. Certification.
(a) Application.--The department shall certify an individual
as a volunteer health care practitioner if, at the time of
application for certification, all of the following apply:
(1) The individual is a health care practitioner.
(2) The individual provides documentation to the
department certifying that the individual is deemed to be an
employee of a free clinic providing qualifying health
services.
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(3) The individual and the medical director of the free
clinic provide documentation to the department certifying
that, prior to the application date and within the calendar
quarter of application, the individual has performed at least
four hours per week for four consecutive weeks of qualifying
health services at the free clinic or free clinic offsite
program.
(b) Maintenance.--To maintain certification as a volunteer
health care practitioner, an individual shall meet all of the
following:
(1) Continue to meet the criteria under subsection
(a)(1) and (2).
(2) Provide documentation to the department, on a
quarterly basis, certifying that the individual has provided
not less than 48 hours per calendar quarter of qualifying
health services at a free clinic or a free clinic offsite
program. The documentation shall include verification, by the
medical director of the free clinic, of the qualifying health
services provided.
(c) Termination.--The department shall immediately terminate
the certification of an individual if the individual fails to
meet the requirements under subsection (b).
Section 4. Immunity.
(a) General rule.--An individual who is certified by the
department as a volunteer health care practitioner under this
act shall be immune from civil liability for any personal injury
to or wrongful death of a patient that is a result of any act or
omission in the course of providing care or treatment if the
care or treatment was reasonably provided in good faith and if
the individual was acting within the scope of the individual's
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practice. Immunity granted under this section does not apply to
an act or omission that was the result of gross negligence or
willful or wanton misconduct.
(b) Remedy.--The exclusive remedy for injury or damage
suffered as a result of any act or omission of a volunteer
health care practitioner is by commencement of an action against
the Commonwealth in a court of competent jurisdiction.
Section 5. Rules and regulations.
The department shall adopt rules and regulations to
effectuate the purposes of this act.
Section 6. Effective date.
This act shall take effect in 90 days.
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