HB 1406 – AS INTRODUCED
2008 SESSION
06/10
HOUSE BILL 1406
AN ACT authorizing a special license and limiting liability for retired physicians, dentists, nurses, and nurse practitioners offering volunteer services.
SPONSORS: Rep. Kennedy, Rock 13; Rep. T. Russell, Rock 13
This bill establishes a special volunteer license for retired physicians, dentists, nurses, and nurse practitioners and grants such physicians, dentists, nurses, and nurse practitioners immunity from liability for certain civil action arising out of the provision of health services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2015
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT authorizing a special license and limiting liability for retired physicians, dentists, nurses, and nurse practitioners offering volunteer services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Physicians; Volunteer Medical License. Amend RSA 329 by inserting after section 14 the following new section:
329:14-a Special Volunteer Medical License for Retired Physicians.
I. There is established a special volunteer medical license for physicians who are retired from active practice and wish to donate their expertise for the medical care and treatment of indigent and needy persons or persons in medically underserved areas of the state. The special volunteer medical license shall be issued by the board of medicine to eligible physicians, without the payment of any application fee, examination fee, license fee, or renewal fee, for a one-year period or part thereof, and shall be renewable annually upon approval of the board.
II. A physician shall meet the following requirements to be eligible for a special volunteer medical license:
(a) Completion of a special volunteer medical license application, including documentation of the physician’s medical school or osteopathic school graduation and practice history.
(b) Documentation that the physician has been previously issued an unrestricted license to practice medicine in New Hampshire or in another state of the United States and that he or she has never been the subject of any medical disciplinary action in any jurisdiction.
(c) Acknowledgement and documentation that the physician’s practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in New Hampshire or persons in medically underserved areas in New Hampshire.
(d) Acknowledgement and documentation that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer medical license.
2 Immunity from Liability. Amend RSA 329:25-a to read as follows:
329:25-a Retired Physicians; Immunity from Civil Liability.
I. Any person who has retired from the practice of medicine and who has notified the board of such person’s intention to participate in a program for the education of the public in matters involving the practice of medicine may hold himself or herself out as being retired from the active practice of medicine by adding the designation “Ret,” or “Retired” after the reference to such person’s medical degrees. Any such retired physician shall be immune from civil liability for providing education in good faith, without compensation in public forums or in response to individual inquiries from members of the public. Education as used in this section does not include advice given to individual members of the public which is in the nature of diagnosis or treatment.
II. Any retired physician who has a special volunteer medical license under RSA 329:14-a 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. Immunity under this section shall be extended only if the physician 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 shall be immune as provided in this paragraph.
III. Any retired physician who voluntarily renders any medical service under a special volunteer medical license under RSA 329:14-a 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 paragraph 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.
3 New Section; Volunteer Dental License. Amend RSA 317-A by inserting after section 16 the following new section:
317-A:16-a Special Volunteer Dental License for Retired Dentists.
I. There is established a special volunteer dental license for dentists who are retired from active practice and wish to donate their expertise for the dental care and treatment of indigent and needy persons or persons in areas of the state that are underserved by dentists. The special volunteer dentist license shall be issued by the board of dental examiners to eligible dentists, without the payment of any application fee, examination fee, license fee, or renewal fee, for a one-year period or part thereof, and shall be renewable annually upon approval of the board.
II. A dentist shall meet the following requirements to be eligible for a special volunteer dental license:
(a) Completion of a special volunteer dental license application, including documentation of the dentist’s dental school graduation and practice history.
(b) Documentation that the dentist has been previously issued an unrestricted license to practice dentistry in New Hampshire or in another state of the United States and that he or she has never been the subject of any disciplinary action involving the practice of dentistry in any jurisdiction.
(c) Acknowledgement and documentation that the dentist’s practice under the special volunteer dental license will be exclusively and totally devoted to providing dental care to needy and indigent persons in New Hampshire or persons in areas in New Hampshire that are underserved by dentists.
(d) Acknowledgement and documentation that the dentist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any dental services rendered under the special volunteer dental license.
4 New Section; Retired Dentists; Immunity from Liability. Amend RSA 317-A by inserting after section 18-b the following new section:
317-A:18-c Immunity From Liability.
I. Any retired dentist who has a special volunteer dental license under RSA 317-A:16-a who voluntarily provides needed dental 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 dental services provided in good faith on a charitable basis. This section shall not extend immunity to acts of willful or gross negligence. Immunity under this section shall be extended only if the dentist and patient execute a written waiver in advance of the rendering of such dental services specifying that such services are provided without the expectation of payment and that the licensed dentist shall be immune as provided in this paragraph.
II. Any retired dentist who voluntarily renders any dental service under a special volunteer dental license under RSA 317-A:16-a 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 dental service unless the act or omission was the result of the dentist’s gross negligence or willful misconduct. In order for the immunity under this paragraph to apply, there must be a written or oral agreement for the dentist to provide a voluntary noncompensated dental service before the rendering of the service by the dentist.
5 New Section. Volunteer Nursing and ARNP Licenses. Amend RSA 326-B by inserting after section 9 the following new section:
326-B:9-a Special Volunteer Nursing Licenses for Retired Nurses and ARNPs.
I. There are established special volunteer nursing licenses for nurses and ARNPs who are retired from active practice and wish to donate their expertise for the care and treatment of indigent and needy persons or persons in medically underserved areas of the state. The special volunteer licenses shall be issued by the board of nursing to eligible nurses and ARNPs, without the payment of any application fee, examination fee, license fee, or renewal fee, for a one-year period or part thereof, and shall be renewable annually upon approval of the board.
II. A nurse or ARNP shall meet the following requirements to be eligible for a special volunteer nursing or ARNP license:
(a) Completion of a special volunteer nursing or ARNP license application, including documentation of the nurse’s or ARNP’s nursing school graduation and practice history.
(b) Documentation that the nurse or ARNP has been previously issued an unrestricted license to practice nursing in New Hampshire or in another state of the United States and that he or she has never been the subject of any disciplinary action in any jurisdiction.
(c) Acknowledgement and documentation that the nurse’s or ARNP’s practice under the special volunteer nursing or ARNP license will be exclusively and totally devoted to providing nursing care to needy and indigent persons in New Hampshire or persons in medically underserved areas in New Hampshire.
(d) Acknowledgement and documentation that the nurse or ARNP will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any nursing services rendered under the special volunteer nursing or ARNP license.
6 New Section; Retired Nurses and ARNPs; Immunity from Liability. Amend RSA 326-B by inserting after section 35 the following new section:
326-B:35-a Retired Nurses and ARNPs; Immunity from Liability.
I. Any retired nurse or ARNP who has a special volunteer nursing or ARNP license under RSA 326-B:9-a who voluntarily provides needed nursing 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 nursing services provided in good faith on a charitable basis. This section shall not extend immunity to acts of willful or gross negligence. Immunity under this section shall be extended only if the nurse or ARNP and patient execute a written waiver in advance of the rendering of such nursing services specifying that such services are provided without the expectation of payment and that the licensed nurse or ARNP shall be immune as provided in this paragraph.
II. Any retired nurse or ARNP who voluntarily renders any nursing service under a special volunteer nursing license under RSA 326-B:9-a 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 nursing service unless the act or omission was the result of the nurse’s or ARNP’s gross negligence or willful misconduct. In order for the immunity under this paragraph to apply, there must be a written or oral agreement for the nurse or ARNP to provide a voluntary noncompensated nursing service before the rendering of the service by the nurse or ARNP.
7 Effective Date. This act shall take effect January 1, 2009.