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," further providing for purpose, for definitions and
5for liability.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Section 2 of the act of December 4, 1996
9(P.L.893, No.141), known as the Volunteer Health Services Act,
10is amended to read:

11Section 2.  Purpose.

12It is the purpose of this act to [increase]:

13(1)  Increase the availability of primary health care
14services by establishing a procedure through which physicians
15and other health care practitioners who are retired from
16active practice may provide professional services as a
17volunteer in approved clinics serving financially qualified
18persons and in approved clinics located in medically

1underserved areas or health professionals shortage areas.

2(2)  Increase the availability of mental health services
3by establishing a procedure through which physicians and
4other health care practitioners who are retired from active
5practice may provide mental health services as a volunteer to
6United States military personnel and their families through
7an approved clinic.

8Section 2.  Section 3 of the act, amended June 19, 2002
9(P.L.406, No.58), is amended to read:

10Section 3.  Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Approved clinic."  An organized community-based clinic
15offering primary health care services to individuals and
16families who cannot pay for their care, to medical assistance
17clients or to residents of medically underserved areas or health
18professionals shortage areas. The term may include, but shall
19not be limited to, a State health center, nonprofit community-
20based clinic and federally qualified health center, as
21designated by Federal rulemaking or as approved by the
22Department of Health or the Department of Public Welfare. The 
23term shall also include a nonprofit organization as defined 
24under section 501(c)(3) of the Internal Revenue Code of 1986 
25(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to 
26provide free mental health services offered by licensed 
27volunteers, whether inside or outside a clinic setting, to 
28United States military personnel and their families regardless 
29of income.

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

1Osteopathic Medicine, the State Board of Dentistry, the State
2Board of Podiatry, the State Board of Nursing, the State Board
3of Optometry [and], the State Board of Chiropractic, the State 
4Board of Psychology and the State Board of Social Workers, 
5Marriage and Family Therapists and Professional Counselors.

6"Health care practitioner."  An individual licensed to
7practice a component of the healing arts by a licensing board
8within the Department of State.

9"Licensee."  An individual who holds a current, active,
10unrestricted license as a health care practitioner issued by the
11appropriate board.

12"Mental health services."  The term includes, but is not
13limited to, marital and family therapy, substance abuse
14counseling and treatment for post-traumatic stress disorder and
15traumatic brain injury.

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

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

25(1)  a retired health care practitioner; or

26(2)  a nonretired health care practitioner who is not
27required to maintain professional liability insurance under
28[the act of October 15, 1975 (P.L.390, No.111), known as the
29Health Care Services Malpractice Act, or] the act of March 
3020, 2002 (P.L.154, No.13), known as the Medical Care

1Availability and Reduction of Error (Mcare) Act, because the
2health care practitioner is not otherwise practicing medicine
3or providing health care services in this Commonwealth.

4Section 3.  Section 7(b) of the act is amended to read:

5Section 7.  Liability.

6* * *

7(b)  Application.--

8(1)  This section shall not apply unless:

9(i)  the approved clinic posts in a conspicuous place
10on its premises an explanation of the exemptions from
11civil liability provided under subsection (a)[.]; or

12(ii)  in the case of an approved clinic that is a
13nonprofit organization providing free mental health
14services to United States military personnel and their
15families, the volunteer licensee posts an explanation of
16the exemptions from civil liability in a conspicuous
17place on the premises in which the volunteer licensee is
18providing the services.

19(2)  The protections provided by this section shall not
20apply to institutional health care providers, such as
21hospitals or approved clinics, subject to vicarious liability
22for the conduct of a volunteer license holder. The liability
23of such institutional defendants shall be governed by the
24standard of care established by common law.

25Section 4.  This act shall take effect immediately.