AN ACT

 

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 <-within their 
16scope of practice as a volunteer to United States military
17personnel and their families whether inside or outside a
18clinic setting.

19Section 4. The act is amended by adding a chapter heading to
20read:

21CHAPTER 3

22PRIMARY HEALTH SERVICES AT APPROVED CLINICS

23Section 5. Sections 3 and 4 of the act, amended June 19,
242002 (P.L.406, No.58), are renumbered and amended to read:

25Section [3] 301. Definitions.

26The following words and phrases when used in this act shall
27have the meanings given to them in this section unless the
28context clearly indicates otherwise:

29"Approved clinic." An organized community-based clinic
30offering primary health care services to individuals and

1families who cannot pay for their care, to medical assistance
2clients or to residents of medically underserved areas or health
3professionals shortage areas. The term may include, but shall
4not be limited to, a State health center, nonprofit community-
5based clinic and federally qualified health center, as
6designated by Federal rulemaking or as approved by the
7Department of Health or the Department of Public Welfare.

8"Board." The State Board of Medicine, the State Board of
9Osteopathic Medicine, the State Board of Dentistry, the State
10Board of Podiatry, the State Board of Nursing, the State Board
11of Optometry and the State Board of Chiropractic.

12"Health care practitioner." An individual licensed to
13practice a component of the healing arts by a licensing board
14within the Department of State.

15"Licensee." An individual who holds a current, active,
16unrestricted license as a health care practitioner issued by the
17appropriate board.

18"Primary health care services." The term includes, but is
19not limited to, regular checkups, immunizations, school
20physicals, health education, prenatal and obstetrical care,
21early periodic screening and diagnostic testing and health
22education.

23"Volunteer license." A license issued by the appropriate
24board to a health care practitioner who documents, to the
25board's satisfaction, that the individual will practice only in
26approved clinics without remuneration, who is:

27(1) a retired health care practitioner; or

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

1Health Care Services Malpractice Act, or] the act of March
220, 2002 (P.L.154, No.13), known as the Medical Care
3Availability and Reduction of Error (Mcare) Act, because the
4health care practitioner is not otherwise practicing medicine
5or providing health care services in this Commonwealth.

6Section [4] 302. Volunteer status.

7A licensee in good standing who retires from active practice
8or a nonretired licensee who does not otherwise currently
9practice or provide health care services in this Commonwealth
10and is not required to maintain professional liability insurance
11under [the act of October 15, 1975 (P.L.390, No.111), known as
12the Health Care Services Malpractice Act, or] the act of March
1320, 2002 (P.L.154, No.13), known as the Medical Care
14Availability and Reduction of Error (Mcare) Act, may apply, on
15forms provided by the appropriate board, for a volunteer
16license.

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

19Section [5] 303. Regulations.

20Each board shall promulgate regulations governing the
21volunteer license category. The regulations shall include
22qualifications for obtaining a volunteer license.

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

25Section [6] 304. License renewal; disciplinary and corrective
26measures.

27(a) Renewal term.--A volunteer license shall be subject to
28biennial renewal.

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

1appropriate licensing board.

2(c) Continuing education.--Except as set forth in subsection
3(d), [holders of] persons who hold volunteer licenses shall
4comply with any continuing education requirements imposed by
5board rulemaking as a general condition of biennial renewal.

6(d) Physicians.--

7(1) [Holders of] Persons who hold volunteer licenses
8[who] and are physicians shall complete a minimum of 20
9credit hours of American Medical Association Physician's
10Recognition Award Category 2 activities during the preceding
11biennial period as a condition of biennial renewal and are
12otherwise exempt from any continuing education requirement
13imposed by section 910 of the act of March 20, 2002 (P.L.154,
14No.13), known as the Medical Care Availability and Reduction
15of Error (Mcare) Act, or by board rulemaking.

16(2) Physicians who are covered by section [10.2] 310 and
17hold an unrestricted license to practice medicine shall
18complete the continuing medical education requirements
19established by the boards under section 910 of the Medical
20Care Availability and Reduction of Error (Mcare) Act to be
21eligible for renewal of the unrestricted license.

22(e) Disciplinary matters.--In the enforcement of
23disciplinary matters, [holders of] persons who hold volunteer
24licenses shall be subject to those standards of conduct
25applicable to all licensees licensed by the appropriate board.

26Section 8. Section 7 of the act is renumbered and amended to
27read:

28Section [7] 305. Liability.

29(a) General rule.--A [holder of] person who holds a
30volunteer license [who] and, in good faith, renders professional

1health care services under this act shall not be liable for
2civil damages arising as a result of any act or omission in the
3rendering of care unless the conduct of the [volunteer licensee]
4person falls substantially below professional standards which
5are generally practiced and accepted in the community and unless
6it is shown that the [volunteer licensee] person did an act or
7omitted the doing of an act which the person was under a
8recognized duty to a patient to do, knowing or having reason to
9know that the act or omission created a substantial risk of
10actual harm to the patient.

11(b) Application.--This section shall not apply unless the
12approved clinic posts in a conspicuous place on its premises an
13explanation of the exemptions from civil liability provided
14under subsection (a). The protections provided by this section
15shall not apply to institutional health care providers, such as
16hospitals or approved clinics, subject to vicarious liability
17for the conduct of a volunteer license holder. The liability of
18such institutional defendants shall be governed by the standard
19of care established by common law.

20Section 9. Section 8 of the act is renumbered to read:

21Section [8] 306. Report.

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

1House of Representatives.

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

4Section [9] 307. Exemptions.

5For the purposes of this [act, volunteer licensees who]
6chapter, persons who hold volunteer licenses and are otherwise
7subject to the provisions of [the act of October 15, 1975
8(P.L.390, No.111), known as the Health Care Services Malpractice
9Act, or] the act of March 20, 2002 (P.L.154, No.13), known as
10the Medical Care Availability and Reduction of Error (Mcare)
11Act, shall be exempt from the requirements of that act with
12regard to the maintenance of liability insurance coverage.
13[Volunteer licensees holding] If the persons hold a license
14issued by the State Board of Chiropractic, the persons shall be
15exempt from the provisions of section 508 of the act of December
1616, 1986 (P.L.1646, No.188), known as the Chiropractic Practice
17Act.

18Section 11. Section 10 of the act is renumbered and amended
19to read:

20Section [10] 308. State health centers.

21[Services] Primary health care services of [volunteers] a 
22person who holds a volunteer license shall not be substituted
23for those of Commonwealth employees.

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

26Section [10.1] 309. Prescription of medication for family
27members.

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

1prescribe medication to any member of [his] the person's family
2notwithstanding the family member's ability to pay for that
3member's own care or whether that member is being treated at an
4approved clinic.

5(b) Liability.--The liability provisions of section [7(a)]
6305(a) shall apply to a [holder of] person who holds a volunteer
7license [who] and prescribes medication to a family member
8pursuant to this section, whether or not the provisions of
9section [7(b)] 305(b) have been followed.

10(c) Construction.--Nothing in this section shall be
11construed to allow a person who holds a volunteer license
12[holder] to prescribe medication of a type or in a manner
13prohibited by the laws of this Commonwealth.

14(d) Definition.--As used in this section, the term "family
15member" means a volunteer license holder's spouse, child,
16daughter-in-law, son-in-law, mother, father, sibling, mother-in-
17law, father-in-law, sister-in-law, brother-in-law, grandparent,
18grandchild, niece, nephew or cousin.

19Section 13. Sections 10.2 and 10.3 of the act, added June
2019, 2002 (P.L.406, No.58), are renumbered and amended to read:

21Section [10.2] 310. Indemnity and defense for active
22practitioners.

23A health care practitioner who provides health care services
24at an approved clinic without remuneration under an active
25nonvolunteer license shall be entitled to indemnity and defense
26under the terms of whatever liability insurance coverage is
27maintained by or provided to the practitioner to comply with
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 20,
302002 (P.L.154, No.13), known as the Medical Care Availability

1and Reduction of Error (Mcare) Act, in the scope of their
2regular practice. No health care practitioner may be surcharged
3or denied coverage for rendering services at an approved clinic.
4Nothing set forth in this section shall limit a carrier's right
5to refuse coverage or to adjust premiums on the basis of
6meritorious claims against the practitioner.

7Section [10.3] 311. Optional liability coverage.

8A [holder of] person who holds a volunteer license, or an
9approved clinic acting on behalf of [a volunteer licensee, who]
10such person, and elects to purchase primary insurance to cover
11services rendered at an approved clinic shall not be obligated
12to purchase excess coverage through the Medical Professional
13Catastrophe Loss Fund or the Medical Care Availability and
14Reduction of Error (Mcare) Fund.

15Section 14. The act is amended by adding a chapter to read:

16CHAPTER 5

17MENTAL HEALTH SERVICES FOR

18MILITARY FAMILIES

19Section 501. Definitions.

20The following words and phrases when used in this chapter
21shall have the meanings given to them in this section unless the
22context clearly indicates otherwise:

23"Approved organization." 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
26refer United States military personnel and their families,
27regardless of income and who are in need of mental health
28services, to licensed volunteers who provide mental health
29services, whether the mental health services are provided inside
30or outside a clinic setting <-and which organization is approved
 

1by the department under section 502.

2"Board." The State Board of Medicine, the State Board of
3Osteopathic Medicine, the State Board of Psychology <-and, the
4State Board of Social Workers, Marriage and Family Therapists
5and Professional Counselors<-. and the State Board of Nursing.

6"Department." The Department of Military and Veterans
7Affairs of the Commonwealth.

8"Families of military personnel." The dependent spouses or
9dependent children of military personnel or the parents or
10siblings of military personnel.

11"Licensee." An individual who holds a current, active,
12unrestricted license to provide mental health services <-within 
13the individual's scope of practice in this Commonwealth by the
14appropriate board.

15"Mental health services." The term includes, but is not
16limited to, <-providing social work, marital and family therapy,
<-17substance abuse counseling and treatment for post-traumatic
18stress disorder and traumatic brain injury.

19"Mental health volunteer license." A license issued by the
20appropriate board to a <-health care practitioner licensee who
21documents, to the board's satisfaction, that the individual will
22practice only upon referral from approved organizations without
23remuneration, who is:

24(1) a retired <-health care practitioner licensee; or

25(2) a nonretired <-health care practitioner licensee who
26is not required to maintain professional liability insurance
27under the act of March 20, 2002 (P.L.154, No.13), known as
28the Medical Care Availability and Reduction of Error (Mcare)
29Act, because the <-health care practitioner licensee is not
30otherwise practicing medicine<- or providing mental health

1services in this Commonwealth.;<- or

2(3) a nonretired licensee who is not working within the
3licensee's scope of practice at the present time.

4"Military personnel." A member or members of the Armed
5Forces of the United States or its reserve components, including
6the Pennsylvania National Guard, serving on active duty, other
7than active duty for training, for a period of 30 or more
8consecutive days. The term includes a former member or members
9of the Armed Forces of the United States or its reserve
10components, including the Pennsylvania National Guard, provided
11that a veteran who was discharged or released from such service
12under honorable conditions shall be accorded priority in
13receiving mental health services under this chapter.

14Section 502. Approved organization procedure.

15(a) Submission of application.--Any 501(c)(3) nonprofit
16organization whose purpose is to refer United States military
17personnel and their families to licensed volunteers who provide
18mental health services without remuneration may submit an
19application to the department.

20(b) Contents of information.--An application submitted under
21subsection (a) shall contain:

22(1) The name and address of the organization and a copy
23of its corporate filing.

24(2) The charitable purpose for which it is operating in
25this Commonwealth.

26(3) The latest filing with the Department of State.

27(4) The level of insurance obtained by the organization
28for its activities.

29(5) The location, hours, facilities and staff who will
30oversee the volunteer effort.

1(6) The confirmation of tax-exempt status of the
2organization under section 501(c)(3) of the Internal Revenue
3Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
4issued by the United States Internal Revenue Service.

5(7) The most recent Federal tax return (IRS Form 990,
6990EZ or 990N) filed by the organization.

7(8) Any other information the department, or any
8Commonwealth agency consulted by the department, deems
9necessary.

10(c) Review of application.--The department shall review
11the information provided on the application and, after
12coordination with the Department of State and any other
13Commonwealth agency the department deems appropriate, may
14approve or disapprove that organization for sponsoring
15persons who hold mental health volunteer licenses as provided
16under this act. The department shall provide the appropriate
17licensing board with the information and a list of approved
18organizations pursuant to this section.

19Section <-502 503. Volunteer status.

20A licensee in good standing who retires from active practice
21or a nonretired licensee who does not otherwise currently
22practice in this Commonwealth and is not required to maintain
23professional liability insurance under the act of March 20, 2002
24(P.L.154, No.13), known as the Medical Care Availability and
25Reduction of Error (Mcare) Act, may apply, on forms provided by
26the appropriate board, for a mental health volunteer license.

<-27Section 503. Regulations.

28Each board shall promulgate regulations governing the mental
29health volunteer license category. The regulations shall include
30qualifications for obtaining a mental health volunteer license.

<-1Section 504. Publication.

2The Commissioner of the Bureau of Professional and
3Occupational Affairs in the Department of State shall publish an
4application form and notice in the Pennsylvania Bulletin
5regarding a mental health volunteer license and continuing
6education requirements.

7Section <-504 505. License renewal; disciplinary and corrective
8measures.

9(a) Renewal term.--A mental health volunteer license shall
10be subject to biennial renewal.

11(b) Fee exemption.--Persons who hold mental health volunteer
12licenses shall be exempt from renewal fees imposed by the
13appropriate licensing board.

14(c) Continuing education.--<-Except as set forth in subsection
15(d), persons <-Persons who hold mental health volunteer licenses
16shall comply with any continuing education requirements imposed
17by a board <-rulemaking through section 504 as a general condition
18of biennial renewal.

<-19(d) Physicians.--

20(1) Persons who hold mental health volunteer licenses
21and are physicians shall complete a minimum of 20 credit
22hours of American Medical Association Physician's Recognition
23Award Category 2 activities during the preceding biennial
24period as a condition of biennial renewal and are otherwise
25exempt from any continuing education requirement imposed by
26section 910 of the act of March 20, 2002 (P.L.154, No.13),
27known as the Medical Care Availability and Reduction of Error
28(Mcare) Act, or by board rulemaking.

29(2) Physicians who are covered by section 510 and hold
30an unrestricted license to practice medicine shall complete

1the continuing medical education requirements established by
2the boards under section 910 of the Medical Care Availability
3and Reduction of Error (Mcare) Act to be eligible for renewal
4of the unrestricted license.

5(e) <-(d) Disciplinary matters.--In the enforcement of
6disciplinary matters, persons who hold mental health volunteer
7licenses shall be subject to those standards of conduct
8applicable to all licensees licensed by the appropriate board.

9Section <-505 506. Liability.

10(a) General rule.--A person who holds a mental health
11volunteer license and, in good faith, renders professional
12mental health services under this chapter shall not be liable
13for civil damages arising as a result of any act or omission in
14the rendering of care unless the conduct of the person falls
15substantially below professional standards which are generally
16practiced and accepted in the community and unless it is shown
17that the person did an act or omitted the doing of an act which
18the person was under a recognized duty to a patient to do,
19knowing or having reason to know that the act or omission
20created a substantial risk of actual harm to the patient.

21(b) Application.--This section shall not apply unless the
22person posts in a conspicuous place on the person's premises an
23explanation of the exemptions from civil liability provided
24under subsection (a). The protections provided by this section
25shall not apply to institutional health care providers, such as
26hospitals or approved clinics, subject to vicarious liability
27for the conduct of a volunteer license holder. The liability of
28such institutional defendants shall be governed by the standard
29of care established by common law.

<-30Section 506. Report.

1Beginning 30 days after the effective date of this chapter
2and every 30 days thereafter until such regulations applicable
3to this chapter are in effect, the chairmen of the appropriate
4boards shall report in writing to the Commissioner of
5Professional and Occupational Affairs on the status of the
6mental health volunteer license regulations who shall convey the
7required reports to the standing committees on Consumer
8Protection and Professional Licensure and Public Health and
9Welfare of the Senate and the standing committees on
10Professional Licensure, Health and Human Services of the House
11of Representatives.

12Section 507. Exemptions.

13For the purposes of this chapter, persons who hold a mental
14health volunteer license and are otherwise subject to the
15provisions of the act of March 20, 2002 (P.L.154, No.13), known
16as the Medical Care Availability and Reduction of Error (Mcare)
17Act, shall be exempt from the requirements of that act with
18regard to the maintenance of liability insurance coverage. <-If
19the persons hold a license issued by the State Board of
20Chiropractic, the persons shall be exempt from the provisions of
21section 508 of the act of December 16, 1986 (P.L.1646, No.188),
22known as the Chiropractic Practice Act.

23Section 508. State health centers.

24Mental health services of persons who hold a mental health
25volunteer license shall not be substituted for those of
26Commonwealth employees.

27Section <-509 508. Prescription of medication for family members.

28(a) General rule.--A person who holds a mental health
29volunteer license and was able to prescribe medication pursuant
30to the laws of this Commonwealth while a licensee may prescribe

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

4(b) Liability.--The liability provisions of section 505(a)
5shall apply to a person who holds a mental health volunteer
6license and prescribes medication to a family member pursuant to
7this section, whether or not the provisions of section 505(b)
8have been followed.

9(c) Construction.--Nothing in this section shall be
10construed to allow a person who holds a mental health volunteer
11license to prescribe medication of a type or in a manner
12prohibited by the laws of this Commonwealth <-or to practice 
13outside the person's scope of practice.

14(d) Definition.--As used in this section, the term "family
15member" means a volunteer license holder's spouse, child,
16daughter-in-law, son-in-law, mother, father, sibling, mother-in-
17law, father-in-law, sister-in-law, brother-in-law, grandparent,
18grandchild, niece, nephew or cousin.

19Section <-510 509. Indemnity and defense for active
20practitioners.

21A health care practitioner who provides mental health
22services upon the referral of an approved organization without
23remuneration under an active nonvolunteer license shall be
24entitled to indemnity and defense under the terms of whatever
25liability insurance coverage is maintained by or provided to the
26practitioner to comply with the act of March 20, 2002 (P.L.154,
27No.13), known as the Medical Care Availability and Reduction of
28Error (Mcare) Act, in the scope of their regular practice. No
29health care practitioner may be surcharged or denied coverage
30for rendering mental health services upon the referral of an

1approved organization. Nothing set forth in this section shall
2limit a carrier's right to refuse coverage or to adjust premiums
3on the basis of meritorious claims against the practitioner.

4Section <-511 510. Optional liability coverage.

5A person who holds a mental health volunteer license or an
6approved organization and elects to purchase primary insurance
7to cover mental health services rendered upon referral of the
8approved organization shall not be obligated to purchase excess
9coverage through the Medical Professional Catastrophe Loss Fund
10or the Medical Care Availability and Reduction of Error (Mcare)
11Fund.

12Section 15. The act is amended by adding a chapter heading
13to read:

14CHAPTER 7

15MISCELLANEOUS PROVISIONS

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

17Section 701. (Reserved).

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

19Section [11] 702. Effective date.

20This act shall take effect in 60 days.

21Section 18. This act shall take effect in 60 days.