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AMENDMENT NO 1 PROPOSED TO
House Bill No. 669
BY: Senator(s) Hill
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 73-25-38, Mississippi Code of 1972, is amended as follows:
73-25-38. (1) Any licensed
physician, physician assistant, dentist, dental hygienist, optometrist
or * * *
nurse * * *
who voluntarily provides needed medical or health services to any person
without the expectation of payment due to the inability of * * * the person to pay for * * * those services shall be immune from
liability for any civil action arising out of the provision of * * * those 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 * * *
in which the provisions of Section 73-25-37 apply, immunity under this
section shall be extended only if the physician, dentist, dental hygienist,
optometrist or * * *
nurse * * *
and patient execute a written waiver in advance of the rendering of * * * those medical services specifying
that * * * those
services are provided without the expectation of payment and that the licensed
physician, physician assistant, dentist, dental hygienist, optometrist,
or * * *
nurse * * *
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
or charitable nonprofit outpatient medical clinic that exists solely for
the purpose of providing charitable medical services to persons who are unable
to pay for * * *
those services, provided that the outpatient clinic receives less than
Forty Thousand Dollars ($40,000.00) annually in patient payments.
(2) Any licensed physician,
physician assistant, dentist, dental hygienist, optometrist, or * * * nurse * * * 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 physician, physician assistant, dentist, dental hygienist, optometrist,
or nurse * * *
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.
SECTION 2. Section 73-25-19, Mississippi Code of 1972, is amended as follows:
73-25-19. (1) A
nonresident * * *
licensed physician, physician assistant, dentist, dental hygienist,
optometrist or * * *
nurse (hereinafter "medical
professional") not holding a license from * * * this state shall not be permitted to
practice, * * *
unless he or she:
(a) Practices * * * in the
state for * * *,
less than fifteen (15) days * * * per calendar year;
(b) Is called
in consultation by a licensed * * * medical professional residing
in this state * * *;
(c) Practices in an area that is under a state or federal declaration of emergency; or
(d) Is providing medical care and treatment to persons on a charitable basis without expectation of payment in coordination with:
(i) A free clinic organized and operating under the laws of the State of Mississippi; and is volunteering no more than sixteen (16) hours a week at the clinic;
(ii) A charitable clinic organized and operating under the laws of the State of Mississippi; and is volunteering no more than sixteen (16) hours a week at the clinic;
(iii) A sponsoring nonprofit organization operating under the laws of another state, but registered with the State Department of Health, that is conducting a medical mission in Mississippi that does not exceed five (5) consecutive days and is for the purpose of providing medical care and treatment on a charitable basis without expectation of payment.
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) This section shall not apply to:
(a) Any person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction; or
(b) A licensed medical professional who renders services outside the scope of practice authorized by the person's licensure, certification, or exception to that licensure or certification.
(3) Any nonresident medical professional providing temporary volunteer health services in this state through a sponsoring organization, Mississippi free clinic or Mississippi charitable clinic shall be immune from liability for any civil action arising out of any act or omission resulting from the provision of those services unless the act or omission was the result of the nonresident medical professional's gross negligence or willful misconduct.
(4) (a) A sponsoring nonprofit organization operating under the laws of another state that wishes to provide medical care and treatment on a charitable basis without expectation of payment shall register with the Department of Health before providing any services in this state by filing a registration form with the department. 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 the 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. If no services were provided in the previous quarter, no report need be filed.
(c) The sponsoring organization shall maintain a file, which shall be available to the department upon request, on each medical professional who provides temporary volunteer health services in the State of Mississippi 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 that the medical professional provided health care services in this state through the sponsoring organization.
SECTION 3. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 73-25-38, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY LICENSED PHYSICIAN, NOT JUST A RETIRED PHYSICIAN, WHO VOLUNTARILY SERVES AS "DOCTOR OF THE DAY" FOR THE MISSISSIPPI LEGISLATURE SHALL BE IMMUNE FROM LIABILITY FOR ANY CIVIL ACTION ARISING OUT OF ANY MEDICAL CARE OR TREATMENT PROVIDED WHILE RENDERING THAT SERVICE; TO EXTEND CIVIL IMMUNITY TO ANY HEALTH CARE PRACTITIONER PROVIDING CHARITY CARE AND TO AMEND SECTION 73-25-19 IN CONFORMITY; AND FOR RELATED PURPOSES.