Bill Text: GA SB344 | 2009-2010 | Regular Session | Engrossed
Bill Title: "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2010-07-01 - Effective Date [SB344 Detail]
Download: Georgia-2009-SB344-Engrossed.html
10 LC
33 3433
Senate
Bill 344
By:
Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans
of the 7th, Cowsert of the 46th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia
Annotated, relating to the "'Health Share' Volunteers in Medicine Act," so as to
provide for sovereign immunity protection for physician assistants in safety net
clinics who participate in the program established pursuant to the "'Health
Share' Volunteers in Medicine Act"; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating
to the "'Health Share' Volunteers in Medicine Act," is amended in Code Section
31-8-195.1, relating to sovereign immunity protection for health care
professionals in safety net clinics, as follows:
"31-8-195.1.
(a)
A registered professional nurse, nurse midwife, licensed practical nurse, or
advanced practice registered nurse licensed or registered under Chapter 26 of
Title 43 or a
physician assistant licensed pursuant to Article 4 of Chapter 34 of Title
43 who is employed by a safety net clinic
that executes a contract with a governmental contractor pursuant to this article
shall be considered a state officer or employee for purposes of Article 2 of
Chapter 21 of Title 50 while providing health care services pursuant to such
contract, so long as such nurse
or physician
assistant provides nonemergent care and
such nurse's
or physician
assistant's total compensation, including
all cash and noncash remunerations, does not fluctuate in relation
to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services
rendered
pursuant
to a contract under this article.
(b)
A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who
provides nonemergent medical care and treatment in a safety net clinic that
executes a contract with a governmental contractor pursuant to this article
shall be considered a state officer or employee for purposes of Article 2 of
Chapter 21 of Title 50 while providing health care services pursuant to such
contract, so long as the physician is practicing pursuant to a license issued
under Code Section 43-34-41 or the physician or resident receives no
compensation from the safety net clinic and is on staff at a local or regional
hospital and provided that the physician's total compensation, including all
cash and noncash remunerations, does not fluctuate in relation to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services
rendered
pursuant
to a contract under this article.
(c)
No hospital shall require a physician to provide services at a safety net clinic
as a condition for granting of staff privileges or for retaining staff
privileges at such hospital.
(d)
This Code section shall be supplemental to all other provisions of law that
provide defenses to health care providers. This Code section shall not create
any new cause of action against a health care provider or additional liability
to health care providers."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
