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H. 4885
STATUS INFORMATION
General Bill
Sponsors: Rep. Walker
Document Path: l:\council\bills\nbd\12060ac08.doc
Introduced in the House on March 26, 2008
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Volunteer Health Care Services Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/26/2008 House Introduced and read first time HJ-6
3/26/2008 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO ENACT THE "VOLUNTEER HEALTH CARE SERVICES ACT" PROVIDING FOR A SPONSORING ORGANIZATION TO ARRANGE FOR THE VOLUNTARY PROVISION OF FREE HEALTH CARE SERVICES BY LICENSED HEALTH CARE PROVIDERS, PROVIDING THAT A SPONSORING ORGANIZATION MUST REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO MAINTAIN AND PROVIDE UPON REQUEST, INFORMATION ON HEALTH CARE PROVIDERS THAT THE ORGANIZATION SPONSORS, PROVIDING THAT PROFESSIONAL LIABILITY INSURANCE COVERING A HEALTH CARE PROFESSIONAL MUST NOT EXCLUDE COVERAGE TO A HEALTH CARE PROFESSIONAL WHO PROVIDES FREE SERVICES UNDER THIS ARTICLE, PROVIDING CIVIL IMMUNITY TO HEALTH CARE PROFESSIONALS PROVIDING CARE UNDER THIS ARTICLE, PROVIDING THAT A HEALTH CARE PROFESSIONAL PROVIDING SERVICES UNDER THIS ARTICLE MAY NOT RECEIVE ANY COMPENSATION OR BENEFITS FOR PROVIDING THESE SERVICES, PROVIDING EXCEPTIONS TO THIS ARTICLE, AND THE EFFECT OF THIS ARTICLE ON OTHER VOLUNTEER HEALTH CARE LICENSING PROVISIONS.
Whereas, the General Assembly finds that:
(1) access to high quality health care services is a concern of all persons;
(2) access to such services is severely limited for some residents of this State, particularly those who reside in remote, rural areas and in some metropolitan areas;
(3) physicians and other health care professionals have traditionally worked to assure broad access to health care services; and
(4) many health care providers from South Carolina and elsewhere are willing to volunteer their services to address the health care needs of South Carolinians who may otherwise not be able to obtain these services; and
Whereas, the General Assembly further finds that it is the public policy of this State to encourage and facilitate voluntary provisions of health care services. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Volunteer Health Care Services Act".
SECTION 2. Chapter 1, Title 40 of the 1976 Code is amended by adding:
Section 40-1-410. As used in this article, unless the context otherwise requires:
(1) 'Department' means the Department of Labor, Licensing and Regulation.
(2) 'Health care provider' means a physician, surgeon, dentist, nurse, optometrist, or other practitioner of a health care discipline, the professional practice of which requires licensure, certification, or any form of an authorization to practice under the provisions of this title or under a comparable provision of law of another state, territory, district, or possession of the United States.
(3) 'Licensed health care provider' means any health care provider holding a current license, certificate, or authorization to practice issued under:
(a) this title; or
(b) a comparable provision of the law of another state, territory, district, or possession of the United States.
(4) 'Regularly practice' means to practice more than sixty days within a ninety day period.
(5) 'Sponsoring organization' means an organization that organizes or arranges for the voluntary provision of health care services and that registers with the Department of Labor, Licensing and Regulation as a sponsoring organization in accordance with Section 40-1-440.
(6) 'Voluntary provision of health care services' means providing the professional services of a health care provider, in association with a sponsoring organization, without charge to the recipient of these services or to a third party on behalf of a recipient.
Section 40-1-420. (A) Notwithstanding any other provision of law, no additional license, certificate, or authorization to practice, otherwise required under the provisions of this title, is necessary for the voluntary provision of health care services by a person who:
(1) is a licensed health care provider; or
(2) lawfully practices under an exception to the licensure, certification, or authorization to practice requirements of any state, territory, district, or possession of the United States if the person does not and will not regularly practice in this State.
(B) The provisions of subsection (A) do not apply to a:
(1) person whose license, certificate, or authorization to practice is suspended or revoked pursuant to disciplinary proceedings in any jurisdiction; or
(2) licensed health care provider who renders services outside the scope of practice authorized by the provider's licensure, certification, or authorization to practice or exception to such licensure, certification, or authorization to practice.
Section 40-1-430. With regard to a person who voluntarily provides health care services and who is covered by the provisions of Section 40-1-420(A), all requirements regarding display of a license, certificate, or authorization to practice are satisfied by the presentation for inspection, upon request, of a photocopy of the applicable license, certificate, or authorization to practice or statement of exemption.
Section 40-1-440. (A)(1) Before providing volunteer medical services in this State, a sponsoring organization shall register with the Department of Labor, Licensing and Regulation by submitting a registration fee of fifty dollars and filing a registration form. The fifty-dollar registration fee is waived when volunteer health care services are provided in cases of natural or manmade disasters. The registration form must contain:
(a) the name of the sponsoring organization;
(b) the name of principal individuals who are the officers or organizational officials responsible for the operation of the sponsoring organization;
(c) the address, including street, city, zip code, and county, of the sponsoring organization's principal office address and the same address information for each principal or official listed in item (b);
(d) telephone numbers for the principal office of the sponsoring agency and each principal or official listed in item (b); and
(e) additional information as the department may require.
(2) Upon any change in the information required under subsection (A)(1), the sponsoring organization shall:
(a) notify the department in writing of the change within thirty days of its occurrence; and
(b) file a quarterly voluntary services report with the department during the current quarter that lists all licensed health care providers who provided voluntary health care services during the preceding quarter, including the date, place and type of services provided.
(B) Each sponsoring organization shall maintain a list of health care providers associated with the organization's provision of voluntary health services. For each health care provider, the organization shall maintain a copy of a current license, certificate, or authorization to practice or statement of exemption from licensure, certification, or authorization to practice, or in the event that the health care provider is currently licensed in this State, a copy of the health care provider's license verification obtained from a state-sponsored web site.
(C) The sponsoring organization shall maintain records required by this section for a minimum of five years following the provision of health care services and shall furnish these records upon request to any regulatory board established under this title.
(D) Compliance with subsections (A) and (B) are prima facie evidence that the sponsoring organization has exercised due care in its selection of health care providers.
(E) In accordance with the Administrative Procedures Act, the department may revoke the registration of any sponsoring organization that fails to comply with the requirements of this section, and the sponsoring organization may appeal such action in accordance with the Administrative Procedures Act.
Section 40-1-450. A contract of professional liability insurance covering a health care provider in this State, issued or renewed after June 30, 2008, must not exclude coverage to a provider who engages in the voluntary provision of health care services if the sponsoring organization and the health care provider comply with the requirements of this article.
Section 40-1-460. (A)(1) A person who is licensed, certified, or authorized to practice by the board of any health care discipline pursuant to this title, and who renders, at any site, health care services within the limits of the person's license, certification, or authorization to practice, voluntarily and without compensation, to a sponsoring organization, or to a patient of a clinic that is organized in whole or in part for the delivery of health care services without charge, is not liable for civil damages for any act or omission resulting from rendering these services, unless the act or omission was the result of the person's gross negligence or wilful misconduct.
(2) A volunteer licensee providing free care must not receive compensation of any type, directly or indirectly, or any benefits of any type whatsoever, or any consideration of any nature, from anyone for the free care, and providing these services must not be part of the provider's training or assignment.
(3) The volunteer licensee must be acting within the scope of the volunteer's license, certification, or authorization to practice.
(4) A health care licensee providing free health care must not engage in activities at a clinic, or at the health care licensee's office, if the activities are performed on behalf of the sponsoring organization, unless those activities are authorized by the appropriate authorities to be performed at the clinic or office and the clinic or office is in compliance with all applicable regulations.
(B) For purposes of this section, a commissioned or contract medical officer or dentist serving on active duty in the United States Armed Forces and assigned to duty as a practicing, commissioned, or contract medical officer or dentist at any military hospital or medical facility owned and operated by the United States government is deemed to be licensed pursuant to this article.
Section 40-1-470. This article does not affect any other provision of law pertaining to licensure of volunteer health care providers and is intended to augment and not supplant such provisions of law."
SECTION 3. This act takes effect July 1, 2008.
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