PRINTER'S NO. 2891
No. 2156 Session of 2001
INTRODUCED BY BENNINGHOFF, M. BAKER, BARD, BEBKO-JONES,
CAPPELLI, CLYMER, CREIGHTON, EGOLF, J. EVANS, FAIRCHILD,
GEIST, GEORGE, HARHART, HARPER, HERMAN, HERSHEY, HORSEY,
JAMES, KELLER, McCALL, McGEEHAN, McGILL, McILHATTAN, NAILOR,
PALLONE, PICKETT, PIPPY, ROHRER, RUBLEY, SATHER, SCHRODER,
SCHULER, B. SMITH, SOLOBAY, E. Z. TAYLOR, THOMAS, TRELLO,
TURZAI, WANSACZ, WATSON, WOJNAROSKI AND YOUNGBLOOD,
NOVEMBER 19, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
NOVEMBER 19, 2001
AN ACT
1 Amending the act of December 4, 1996 (P.L.893, No.141), entitled
2 "An act providing for volunteer health services; limiting
3 liability of a volunteer license holder; and requiring
4 reports," further defining "volunteer license"; further
5 providing for volunteer status, for regulations and for
6 exemptions; and providing for indemnity and defense for
7 active practitioners and for optional liability coverage.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "volunteer license" in section
11 3 of the act of December 4, 1996 (P.L.893, No.141), known as the
12 Volunteer Health Services Act, is amended to read:
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 * * *
1 "Volunteer license." A license issued by the appropriate
2 board to a [retired individual] health care practitioner who
3 documents, to the board's satisfaction, that the individual will
4 practice [without personal remuneration] only in approved
5 clinics without remuneration, who is:
6 (1) a retired health care practitioner; or
7 (2) a nonretired health care practitioner who is not
8 required to maintain professional liability insurance under
9 the act of October 15, 1975 (P.L.390, No.111), known as the
10 Health Care Services Malpractice Act, because the health care
11 practitioner is not otherwise practicing medicine or
12 providing health care services in this Commonwealth.
13 Section 2. Sections 4, 5 and 9 of the act are amended to
14 read:
15 Section 4. Volunteer status.
16 A licensee in good standing who retires from active practice
17 or a nonretired licensee who does not otherwise currently
18 practice or provide health care services in this Commonwealth,
19 and is not required to maintain professional liability insurance
20 under the act of October 15, 1975 (P.L.390, No.111), known as
21 the Health Care Services Malpractice Act, may apply, on forms
22 provided by the appropriate board, [to place the licensee's
23 license on volunteer status] for a volunteer license.
24 Section 5. Regulations.
25 Each board shall promulgate regulations governing the
26 volunteer license category. The regulations shall include[:
27 (1) Qualifications for placing a license on volunteer
28 status after the effective date of this act.
29 (2) Criteria under which a licensee who, having retired
30 in good standing and allowed the licensee's license to become
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1 inactive prior to the effective date of this act, may be
2 issued a volunteer license.
3 (3) Procedures under which a volunteer license holder
4 may return to active practice.] qualifications for obtaining
5 a volunteer license.
6 Section 9. Exemptions.
7 For the purposes of this act, volunteer licensees who are
8 otherwise subject to the provisions of the act of October 15,
9 1975 (P.L.390, No.111), known as the Health Care Services
10 Malpractice Act, shall be exempt from the requirements of that
11 act with regard to the maintenance of liability insurance
12 coverage. Volunteer licensees holding a license issued by the
13 State Board of Chiropractic shall be exempt from the provisions
14 of section 508 of the act of December 16, 1986 (P.L.1646,
15 No.188), known as the Chiropractic Practice Act.
16 Section 3. The act is amended by adding sections to read:
17 Section 10.2. Indemnity and defense for active practitioners.
18 A health care practitioner who provides health care services
19 at an approved clinic without remuneration under an active
20 nonvolunteer license shall be entitled to indemnity and defense
21 under the terms of whatever liability insurance coverage is
22 maintained by the practitioner to comply with the act of October
23 15, 1975 (P.L.390, No.111), known as the Health Care Services
24 Malpractice Act. No health care practitioner may be surcharged
25 or denied coverage because of any claim arising out of care
26 rendered at an approved clinic.
27 Section 10.3. Optional liability coverage.
28 A holder of a volunteer license who elects to purchase
29 primary insurance to cover services rendered at an approved
30 clinic shall not be obligated to purchase excess coverage
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1 through the Medical Professional Catastrophe Loss Fund.
2 Section 4. This act shall take effect in 60 days.
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