Bill Text: AZ SB1366 | 2011 | Fiftieth Legislature 1st Regular | Engrossed

Bill Title: Medical malpractice; liability waivers

Spectrum: Moderate Partisan Bill (Republican 20-3)

Status: (Engrossed - Dead) 2011-03-09 - Referred to House JUD Committee [SB1366 Detail]

Download: Arizona-2011-SB1366-Engrossed.html




Senate Engrossed





State of Arizona


Fiftieth Legislature

First Regular Session











amending section 12-571, Arizona Revised Statutes; relating to health care actions.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-571, Arizona Revised Statutes, is amended to read:

START_STATUTE12-571.  Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses; physician liability waivers

A.  A health professional, as defined in section 32‑3201, who provides medical or dental treatment within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the clinic receives compensation for any treatment provided at the clinic is not liable in a medical malpractice action, unless such the health professional was grossly negligent.

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.

C.  A physician who is licensed pursuant to title 32, chapter 13 or 17, who provides services within the scope of practice of the physician and who does not receive compensation for any services provided may request that a patient sign a liability waiver before the physician provides any services to the patient.  The physician is not liable in any medical malpractice action initiated by a patient who signs a liability waiver, unless the physician was grossly negligent. END_STATUTE