Senate Bill 2720

AN ACT TO AMEND SECTIONS 73-25-19 AND 73-25-38, MISSISSIPPI CODE OF 1972, TO PROVIDE MEDICAL PROFESSIONALS CIVIL IMMUNITY FOR VOLUNTARY CARE PROVIDED WITHOUT COMPENSATION TO INDIGENT OR NEEDY PERSONS; TO ALLOW MEDICAL PROFESSIONALS WHO PROVIDE VOLUNTARY CARE WITHOUT COMPENSATION TO INDIGENT OR NEEDY PERSONS TO RECEIVE CONTINUING EDUCATION CREDIT FOR EACH 60 MINUTES OF QUALIFYING CARE PROVIDED; TO PROVIDE THAT NONRESIDENT MEDICAL PROFESSIONALS LICENSED BY ANY STATE, TERRITORY, DISTRICT, OR POSSESSION OF THE UNITED STATES MAY PROVIDE TEMPORARY VOLUNTARY MEDICAL SERVICES IN THIS STATE WITHOUT COMPENSATION THROUGH A SPONSORING NONPROFIT ORGANIZATION REGISTERED WITH THE DEPARTMENT OF HEALTH; TO PROVIDE CIVIL IMMUNITY FOR NONRESIDENT MEDICAL PROFESSIONALS WHO PROVIDE TEMPORARY VOLUNTEER HEALTH CARE SERVICES THROUGH A SPONSORING NONPROFIT ORGANIZATION REGISTERED WITH THE DEPARTMENT OF HEALTH; TO PROVIDE CONTINUING EDUCATION CREDITS FOR MEDICAL PROFESSIONS OFFERING CHARITABLE CARE; TO INCLUDE DENTISTS AND OTHER MEDICAL PROFESSIONALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-25-19, Mississippi Code of 1972, is amended as follows:

73-25-19. (1) A nonresident * * * ~~physicians~~ medical professional, including a licensed physician, physician's assistant, osteopath, dentist, dental hygienist, ophthalmologist, optometrist, nurse or certified nurse practitioner, not holding a license from the state shall not be permitted to practice * * *, unless:

(a) The medical professional practice in the state for no more than five (5) days * * *~~, except when~~ per calendar year; or

(b) The medical professional is called in consultation by a licensed physician residing in this state * * *.; or

(d) The medical professional is providing temporary volunteer health services in the state through a sponsoring organization registered with the Department of Health.

This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17.

(2) (a) Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required by state law is necessary for a licensed medical professional who:

(i) Lawfully practices under an exception to the licensure or certification requirements of any state, territory, district or possession of the United States, provided that the medical professional does not and will not regularly practice in the State of Mississippi; and

(ii) Donates the medical professional's time and expertise solely for the purpose of providing temporary health services in this state through a sponsoring organization registered with the Department of Health.

(b) The provisions of paragraph (a) of this subsection shall not apply to:

(i) A person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction; or

(ii) A licensed health care provider who renders services outside the scope of practice authorized by the provider's licensure, certification or exception to such licensure or certification.

(3) With regard to a person who donates time and expertise to provide temporary health services and who is covered by the provisions of subsection (2)(a) of this section, all requirements regarding display of a license or certificate shall be satisfied by the presentation for inspection, upon request, of a photocopy of the applicable license, certificate or statement of exemption.

(4) Any nonresident medical professional providing temporary volunteer health services in this state through a sponsoring organization shall be immune from liability for any civil action arising out of any act or omission resulting from the provision of such services unless the act or omission was the result of the nonresident medical professional's gross negligence or willful misconduct.

(5) (a) An organization who wishes to provide volunteer health care services in this state shall register with the Department of Health before providing any services in this state by filing a registration form and submitting an annual registration fee of Fifty Dollars ($50.00). The registration form shall contain:

(i) The name of the sponsoring organization;

(ii) A statement of the sponsoring organization's mission or purpose;

(iii) The names of the principal officers of the organization or individuals responsible for the operation of the organization;

(iv) The address, including street, city, state, zip code and county, of the sponsoring organization's principal office;

(v) The telephone number for the sponsoring organization's principal office and the business telephone number of the individual filing the application on behalf of the sponsoring organization; and

(vi) The sponsoring organization shall notify the department in writing of any pertinent change in information provided under this subsection within thirty (30) days of each such change.

(b) The sponsoring organization shall file quarterly volunteer services reports with the department listing the names of all licensed nonresident medical professionals who provided voluntary health care services in this state during the previous quarter, as well as the dates, places and types of services provided during the previous quarter.

(c) The sponsoring organization shall maintain a file on each medical professional who provides temporary volunteer health services through the organization. For each medical professional, the organization shall maintain a copy of a current license, certificate or statement of exemption from licensure or certification. Files shall be maintained for five (5) years following the most recent date the medical professional provided health care services in this state through the sponsoring organization.

(d) The sponsoring organization shall furnish all records maintained under this section to the department upon request.

(e) Compliance with paragraphs (a) and (b) of this subsection shall be prima facie evidence that the sponsoring organization has exercised due care in the screening and selection of nonresident medical professionals.

(f) The department may revoke the registration of any sponsoring organization that fails to comply with the requirements of this section.

(g) The department shall establish a documentable appeals process for sponsoring organizations whose registration is revoked.

SECTION 2. Section 73-25-38, Mississippi Code of 1972, is amended as follows:

73-25-38. (1) A medical professional, which includes any licensed physician, physician assistant, dentist, dental hygienist, optometrist, nurse 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 apply, immunity under this section shall be extended only if the * * * medical professional 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 * * * medical professional shall be immune as provided in this subsection. The immunity from liability granted by this subsection also shall extend to actions arising from a church-operated outpatient medical clinic that exists solely for the purpose of providing charitable medical services to persons who are unable to pay for such services, * * * ~~provided that~~ if the outpatient clinic receives less than Forty Thousand Dollars ($40,000.00) annually in patient payments.

(2) * * * A medical professional assisting with emergency management, emergency operations or hazard mitigation in response to any emergency, man-made or natural disaster, who voluntarily provides needed medical or health services to any person without fee or other compensation, shall not be liable for civil damages on the basis of any act or omission if the * * * medical professional was acting in good faith and within the scope of their license, education and training and the acts or omissions were not caused from gross, willful or wanton acts of negligence.

(3) Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 73-25-18 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.

(4) Any licensed physician or any physician who is retired from active practice, and who has been previously issued an unrestricted license to practice medicine in any state of the United States or who has been issued a special volunteer medical license under Section 73-25-18, shall be immune from liability for any civil action arising out of any medical care or treatment provided while voluntarily serving as "doctor of the day" for members of the Mississippi State Legislature, legislative or other state employees, or any visitors to the State Capitol on the date of such service. This subsection shall not extend immunity to acts of willful or gross negligence or misconduct.

(5) A medical professional who voluntarily provides medical treatment and care to any person without expectation of payment as authorized in this section may fulfill one (1) credit hour of continuing education for each sixty (60) minutes of providing voluntary health services. The applicable agency that issues licenses to the medical professional shall permit the medical professional to satisfy up to one-third (1/3) of the medical professional's continuing education requirement by providing services to indigent or needy persons under a special volunteer medical license or an agreement authorized by Section 73-25-19.

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.