MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare; Judiciary

By: Senator(s) Chaney, Kirby, Burton, Michel, Nunnelee, King

AN ACT TO AMEND SECTION 73-25-38, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM LIABILITY FOR ANY CHURCH OPERATING A MEDICAL CLINIC FOR CHARITABLE PURPOSES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

73-25-38. (1) Any licensed physician or certified nurse practitioner who voluntarily provides needed medical or health services to any person without the expectation of payment due to the inability of such person to pay for said services shall be immune from liability for any civil action arising out of the provision of such medical or health services provided in good faith on a charitable basis. This section shall not extend immunity to acts of willful or gross negligence. Except in cases of rendering emergency care wherein the provisions of Section 73-25-37, Mississippi Code of 1972, apply, immunity under this section shall be extended only if the physician or certified nurse practitioner and patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of payment and that the licensed physician or certified nurse practitioner shall be immune as provided herein. The immunity from liability granted by this section shall also extend to any church that operates a medical clinic for the purpose of providing charitable medical services to persons who are unable to pay for such services.

(2) Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 1 of this act without any payment or compensation or the expectation or promise of any payment or compensation shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written or oral agreement for the physician to provide a voluntary noncompensated medical service before the rendering of the service by the physician.

SECTION 2. This act shall take effect and be in force from and after its passage.