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PRINTER'S NO. 2096
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1483
Session of
2015
INTRODUCED BY KAMPF, THOMAS, MILLARD, HELM, MURT, BOBACK, ROZZI,
BAKER, BARRAR, A. HARRIS, EVERETT, KILLION, COX, ROSS,
F. KELLER, KAUFFMAN, GABLER, WARD, MILNE, BLOOM, WATSON,
ZIMMERMAN, GILLEN, SCHEMEL, GILLESPIE AND FARRY,
AUGUST 10, 2015
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 10, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for civil immunity for volunteer
practitioners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8337.2. Civil immunity for volunteer practitioners.
(a) General rule.--A volunteer practitioner shall be immune
from civil liability for any act or omission during the course
of rendering care, within the scope of practice of the volunteer
practitioner which results in death, damage or injury to a
patient, if, before services are rendered, the volunteer
practitioner provides oral and written notice to the patient or
the patient's guardian, if applicable, that:
(1) The service is being provided on a volunteer basis
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and is not being rendered in expectation of compensation.
(2) In exchange for such services, the patient
relinquishes any and all civil claims for damages against the
volunteer practitioner.
(b) Vicarious liability.--No vicarious liability shall
attach to the employer of a volunteer practitioner.
(c) Nonapplicability.--This section shall not apply to an
intentional tort.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Approved clinic." An organized community-based clinic
offering health care services to individuals and families who
cannot pay for their care, to medical assistance clients or to
residents of medically underserved areas or health professionals
shortage areas. The term includes, but shall not be limited to,
a State health center, nonprofit community-based clinic and
federally qualified health center as designated by Federal
rulemaking or as approved by the Department of Health or the
Department of Human Services.
"Health care practitioner." A person licensed or approved by
the Commonwealth to provide health care or professional medical
services as a physician, certified registered nurse
practitioner, registered nurse, physician assistant, certified
nurse midwife or podiatrist.
"Volunteer practitioner." A health care practitioner who
provides health care services at an approved clinic without
remuneration from the approved clinic.
Section 2. This act shall take effect in 60 days.
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