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<-, and for definitions
<-5and; providing for approved organization procedure; and 
6further providing for liability <-and for prescription of 
7medication for family members.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 2 of the act of December 4, 1996
11(P.L.893, No.141), known as the Volunteer Health Services Act,
12is amended to read:

13Section 2. Purpose.

14It is the purpose of this act to [increase]:

15(1) Increase the availability of primary health care
16services<-, including mental health services, by establishing a
17procedure through which physicians and other health care
18practitioners who are retired from active practice may

1provide professional services <-within their scope of practice
2as a volunteer in approved clinics serving financially
3qualified persons and in approved clinics located in
4medically underserved areas or health professionals shortage
5areas.

6(2) Increase the availability of mental health services
<-7to military personnel and their families by establishing a
8procedure through which physicians and other health care
9practitioners who are retired from active practice may
10provide mental health services <-within their scope of practice
11as a volunteer <-to United States military personnel and their
12families through an approved clinic <-upon referral from
13approved organizations.

14Section 2. Section 3 of the act, amended June 19, 2002
15(P.L.406, No.58), is amended to read:

16Section 3. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Approved clinic." An organized community-based clinic
21offering primary health care services to individuals and
22families who cannot pay for their care, to medical assistance
23clients or to residents of medically underserved areas or health
24professionals shortage areas. The term may include, but shall
25not be limited to, a State health center, nonprofit community-
26based clinic and federally qualified health center, as
27designated by Federal rulemaking or as approved by the
28Department of Health or the Department of Public Welfare. <-The 
29term shall also include a nonprofit organization as defined 
30under section 501(c)(3) of the Internal Revenue Code of 1986
 

1(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to 
2provide free mental health services offered by licensed 
3volunteers, whether inside or outside a clinic setting, to 
4United States military personnel and their families regardless 
5of income.

<-6"Approved organization." A nonprofit organization as defined
7under section 501(c)(3) of the Internal Revenue Code of 1986
8(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to
9refer military personnel and their families, regardless of
10income and who are in need of mental health services, to
11licensed volunteers who provide mental health services, whether
12the mental health services are provided inside or outside a
13clinic setting and which organization is approved by the
14Department of Military and Veterans Affairs under section 4.1.

15"Board." The State Board of Medicine, the State Board of
16Osteopathic Medicine, the State Board of Dentistry, the State
17Board of Podiatry, the State Board of Nursing, the State Board
18of Optometry [and], the State Board of Chiropractic, the State 
19Board of Psychology and the State Board of Social Workers, 
20Marriage and Family Therapists and Professional Counselors.

21"Health care practitioner." An individual licensed to
22practice a component of the healing arts by a licensing board
23within the Department of State.

24"Licensee." An individual who holds a current, active,
25unrestricted license as a health care practitioner issued by the
26appropriate board.

27"Mental health services." The term includes, but is not
28limited to, <-providing social work, marital and family therapy,
29substance abuse counseling and treatment for post-traumatic
30stress disorder and traumatic brain injury.

<-1"Military personnel." An individual who has served or is
2serving in the United States Armed Forces, reserve component or
3National Guard.

4"Primary health care services." The term includes, but is
5not limited to, regular checkups, immunizations, school
6physicals, health education, prenatal and obstetrical care,
7early periodic screening and diagnostic testing [and], health
8education and mental health services.

9"Volunteer license." A license issued by the appropriate
10board to a health care practitioner who documents, to the
11board's satisfaction, that the individual will practice only in
12approved clinics<-, or upon referral from approved organizations,
13without remuneration, who is:

14(1) a retired health care practitioner; or

15(2) a nonretired health care practitioner who is not
16required to maintain professional liability insurance under
17[the act of October 15, 1975 (P.L.390, No.111), known as the
18Health Care Services Malpractice Act, or] the act of March 
1920, 2002 (P.L.154, No.13), known as the Medical Care
20Availability and Reduction of Error (Mcare) Act, because the
21health care practitioner is not otherwise practicing medicine
22or providing health care services in this Commonwealth.

<-23Section 3. The act is amended by adding a section to read:

24Section 4.1. Approved organization procedure.

25(a) Submission of application.--Any 501(c)(3) nonprofit
26organization whose purpose is to refer military personnel and
27their families to licensed volunteers who provide mental health
28services without remuneration may submit an application to the
29Department of Military and Veterans Affairs.

30(b) Contents of information.--An application submitted under

1subsection (a) shall contain:

2(1) The name and address of the organization and a copy
3of its corporate filing.

4(2) The charitable purpose for which it is operating in
5this Commonwealth.

6(3) The latest filing with the Department of State.

7(4) The level of insurance obtained by the organization
8for its activities.

9(5) The location, hours, facilities and staff who will
10oversee the volunteer effort.

11(6) The confirmation of tax-exempt status of the
12organization under section 501(c)(3) of the Internal Revenue
13Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
14issued by the United States Internal Revenue Service.

15(7) The most recent Federal tax return (IRS Form 990,
16990EZ or 990N) filed by the organization.

17(8) Any other information the Department of Military and
18Veterans Affairs, or any Commonwealth agency consulted by the
19department, deems necessary.

20(c) Review of application.--The Department of Military and
21Veterans Affairs shall review the information provided on the
22application and, after coordination with the Department of State
23and any other Commonwealth agency the Department of Military and
24Veterans Affairs deems appropriate, may approve or disapprove
25that organization for sponsoring persons who hold volunteer
26licenses as provided under this act. The Department of Military
27and Veterans Affairs shall provide the appropriate licensing
28board with the information and a list of approved organizations
29pursuant to this section.

30Section <-3. Section 7(b) 4. Section 7 of the act is amended

1to read:

2Section 7. Liability.

<-3* * *

<-4(a) General rule.--A holder of a volunteer license who, in 
5good faith, renders professional health care services within his 
6scope of practice under this act shall not be liable for civil 
7damages arising as a result of any act or omission in the 
8rendering of care unless the conduct of the volunteer licensee 
9falls substantially below professional standards which are 
10generally practiced and accepted in the community and unless it 
11is shown that the volunteer licensee did an act or omitted the 
12doing of an act which the person was under a recognized duty to 
13a patient to do, knowing or having reason to know that the act 
14or omission created a substantial risk of actual harm to the 
15patient.

16(b) Application.--

17(1) This section shall not apply unless:

18(i)  the approved clinic posts in a conspicuous place
19on its premises an explanation of the exemptions from
20civil liability provided under subsection (a)[.]; or

21(ii) <-in the case of an approved clinic that is a
22nonprofit organization providing free mental health
23services to United States military personnel and their
24families, the volunteer licensee posts an explanation of
25the exemptions from civil liability in a conspicuous
26place on the premises in which the volunteer licensee is
27providing the services. <-the volunteer licensee providing
28mental health services upon referral from an approved
29organization provides the military personnel or family
30member being treated with a written explanation of the

1exemptions from civil liability provided under subsection
2(a).

3(2) The protections provided by this section shall not
4apply to institutional health care providers, such as
5hospitals or approved clinics <-or approved organizations,
6subject to vicarious liability for the conduct of a volunteer
7license holder. The liability of such institutional
8defendants shall be governed by the standard of care
9established by common law.

<-10Section 5. Section 10.1(c) of the act, added October 18,
112001 (P.L.599, No.76), is amended to read:

12Section 10.1. Prescription of medication for family members.

13* * *

14(c) Construction.--Nothing in this section shall be
15construed to allow a volunteer license holder to prescribe
16medication of a type or in a manner prohibited by the laws of
17this Commonwealth or to practice outside his scope of practice.

18* * *

19Section <-4 6. This act shall take effect immediately.