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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2408 |
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AN ACT
Amending section 12‑571, Arizona Revised Statutes; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32‑3228; relating to medical services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-571, Arizona Revised Statutes, is amended to read:
12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional as defined in section 32‑3201 or a health professional who meets the requirements of section 32‑3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the nonprofit clinic receives compensation for any treatment, care or screening provided at the nonprofit clinic is not liable in a medical malpractice action, unless the health professional was grossly negligent. For the purposes of this subsection, "nonprofit clinic" includes a clinic, an office, a private medical office maintained by a health professional, a homeless or other shelter, a health or screening fair or any other setting where treatment, care or screening is provided at no cost to the patient.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For the purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3228, to read:
32-3228. Continuing education credit; free medical services; definitions
A. Notwithstanding any other law, a health care provider may receive one hour of continuing education credit for each hour of free medical services the health care provider provides to eligible patients, up to a maximum of eight continuing education credits per licensure period. These continuing education credits may not be a substitute for the continuing education credits required by section 32‑3248.02.
B. For the purposes of this section:
1. "Eligible patient" means either:
(a) A person who is eligible pursuant to title 36, chapter 29, article 1.
(b) A person who does not have health insurance and whose annual household income does not exceed two hundred percent of the federal poverty level.
2. "Health care provider" means any of the following:
(a) A physician who is licensed pursuant to chapter 13, 14 or 17 of this title.
(b) A physician assistant who is licensed pursuant to chapter 25 of this title.
(c) A doctor of chiropractic who is licensed pursuant to chapter 8 of this title.
(d) A podiatric physician who is licensed pursuant to chapter 7 of this title.
(e) A registered nurse, certified nurse midwife, practical nurse or registered nurse practitioner who is licensed pursuant to chapter 15 of this title.
(f) A midwife who is licensed pursuant to title 36, chapter 6, article 7.
(g) A dentist or dental hygienist who is licensed pursuant to chapter 11 of this title.
(h) An Optometrist who is licensed pursuant to chapter 16 of this title.