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," further providing for purpose and for definitions; 
5providing for approved organization procedure; and further 
6providing for liability and for prescription of medication 
7for 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

1practitioners who are retired from active practice may
2provide professional services within their scope of practice
3as a volunteer in approved clinics serving financially
4qualified persons and in approved clinics located in
5medically underserved areas or health professionals shortage
6areas.

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

13Section 2. Section 3 of the act, amended June 19, 2002
14(P.L.406, No.58), is amended to read:

15Section 3. Definitions.

16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Approved clinic." An organized community-based clinic
20offering primary health care services to individuals and
21families who cannot pay for their care, to medical assistance
22clients or to residents of medically underserved areas or health
23professionals shortage areas. The term may include, but shall
24not be limited to, a State health center, nonprofit community-
25based clinic and federally qualified health center, as
26designated by Federal rulemaking or as approved by the
27Department of Health or the Department of Public Welfare.

28"Approved organization." A nonprofit organization as defined 
29under section 501(c)(3) of the Internal Revenue Code of 1986 
30(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to
 

1refer military personnel and their families, regardless of 
2income and who are in need of mental health services, to 
3licensed volunteers who provide mental health services, whether 
<-4or not the mental health services are provided inside or outside 
5a clinic setting <-at an approved clinic and which organization is 
6approved by the Department of Military and Veterans Affairs 
7under section 4.1.

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, the State 
12Board of Psychology and the State Board of Social Workers, 
13Marriage and Family Therapists and Professional Counselors.

14"Health care practitioner." An individual licensed to
15practice a component of the healing arts by a licensing board
16within the Department of State.

17"Licensee." An individual who holds a current, active,
18unrestricted license as a health care practitioner issued by the
19appropriate board.

20"Mental health services." The term includes, but is not
21limited to, providing social work, marital and family therapy,
22substance abuse counseling and treatment for post-traumatic
23stress disorder and traumatic brain injury.

24"Military personnel." An individual who has served or is
25serving in the United States Armed Forces, reserve component or
26National Guard.

27"Primary health care services." The term includes, but is
28not limited to, regular checkups, immunizations, school
29physicals, health education, prenatal and obstetrical care,
30early periodic screening and diagnostic testing [and], health

1education and mental health services.

2"Volunteer license." A license issued by the appropriate
3board to a health care practitioner who documents, to the
4board's satisfaction, that the individual will practice only in
5approved clinics, or upon referral from approved organizations,
6without remuneration, who is:

7(1) a retired health care practitioner; or

8(2) a nonretired health care practitioner who is not
9required to maintain professional liability insurance under
10[the act of October 15, 1975 (P.L.390, No.111), known as the
11Health Care Services Malpractice Act, or] the act of March 
1220, 2002 (P.L.154, No.13), known as the Medical Care
13Availability and Reduction of Error (Mcare) Act, because the
14health care practitioner is not otherwise practicing medicine
15or providing health care services in this Commonwealth.

16Section 3. The act is amended by adding a section to read:

17Section 4.1. Approved organization procedure.

18(a) Submission of application.--Any 501(c)(3) nonprofit
19organization whose purpose is to refer military personnel and
20their families to licensed volunteers who provide mental health
21services without remuneration may submit an application to the
22Department of Military and Veterans Affairs.

23(b) Contents of information.--An application submitted under
24subsection (a) shall contain:

25(1) The name and address of the organization and a copy
26of its corporate filing.

27(2) The charitable purpose for which it is operating in
28this Commonwealth.

29(3) The latest filing with the Department of State.

30(4) The level of insurance obtained by the organization

1for its activities.

2(5) The location, hours, facilities and staff who will
3oversee the volunteer effort.

4(6) The confirmation of tax-exempt status of the
5organization under section 501(c)(3) of the Internal Revenue
6Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
7issued by the United States Internal Revenue Service.

8(7) The most recent Federal tax return (IRS Form 990,
9990EZ or 990N) filed by the organization.

10(8) Any other information the Department of Military and
11Veterans Affairs, or any Commonwealth agency consulted by the
12department, deems necessary.

13(c) Review of application.--The Department of Military and
14Veterans Affairs shall review the information provided on the
15application and, after coordination with the Department of State
16and any other Commonwealth agency the Department of Military and
17Veterans Affairs deems appropriate, may approve or disapprove
18that organization for sponsoring persons who hold volunteer
19licenses as provided under this act. The Department of Military
20and Veterans Affairs shall provide the appropriate licensing
21board with the information and a list of approved organizations
22pursuant to this section.

23Section 4. Section 7 of the act is amended to read:

24Section 7. Liability.

25(a) General rule.--A holder of a volunteer license who, in 
26good faith, renders professional health care services within his 
27scope of practice under this act shall not be liable for civil 
28damages arising as a result of any act or omission in the 
29rendering of care unless the conduct of the volunteer licensee 
30falls substantially below professional standards which are
 

1generally practiced and accepted in the community and unless it 
2is shown that the volunteer licensee did an act or omitted the 
3doing of an act which the person was under a recognized duty to 
4a patient to do, knowing or having reason to know that the act 
5or omission created a substantial risk of actual harm to the 
6patient.

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) the volunteer licensee providing mental health
13services upon referral from an approved organization
14provides the military personnel or family member being
15treated with a written explanation of the exemptions from
16civil liability provided under subsection (a).

17(2) The protections provided by this section shall not
18apply to institutional health care providers, such as
19hospitals or approved clinics or approved organizations,
20subject to vicarious liability for the conduct of a volunteer
21license holder. The liability of such institutional
22defendants shall be governed by the standard of care
23established by common law.

24Section 5. Section 10.1(c) of the act, added October 18,
252000 (P.L.599, No.76), is amended to read:

26Section 10.1. Prescription of medication for family members.

27* * *

28(c) Construction.--Nothing in this section shall be
29construed to allow a volunteer license holder to prescribe
30medication of a type or in a manner prohibited by the laws of

1this Commonwealth or to practice outside his scope of practice.

2* * *

3Section 6. This act shall take effect immediately.