Bill Text: MS HB1110 | 2016 | Regular Session | Introduced
Bill Title: Medical professionals; give CME credits to for performing volunteer work.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1110 Detail]
Download: Mississippi-2016-HB1110-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Aguirre
House Bill 1110
AN ACT TO AMEND SECTION 73-25-18, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY LICENSED MEDICAL PROFESSIONAL, WHO IS IN GOOD STANDING, TO CONTRACT WITH THE DEPARTMENT OF HEALTH FOR PURPOSES OF PROVIDING FREE SERVICES TO INDIGENT AND NEEDY PERSONS; TO PROVIDE IMMUNITY FROM CIVIL ACTION FOR SUCH SERVICES; TO AMEND SECTION 73-25-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 73-25-38, MISSISSIPPI CODE OF 1972, WHICH PROVIDES IMMUNITY TO DOCTORS WHO VOLUNTARILY PROVIDE HEALTH CARE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-25-18, Mississippi Code of 1972, is amended as follows:
73-25-18. (1) (a) There is established a special volunteer medical license for physicians who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physicians for the Department of Veterans Affairs, 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 State Board of Medical Licensure to eligible physicians without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.
(b) A physician must meet the following requirements to be eligible for a special volunteer medical license:
(i) Completion of a special volunteer medical license application, including documentation of the physician's medical school or osteopathic school graduation and practice history;
(ii) Documentation that the physician has been previously issued an unrestricted license to practice medicine in Mississippi 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;
(iii) 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 Mississippi or persons in medically underserved areas in Mississippi; and
(iv) 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) (a) There is established a special volunteer license for physician assistants who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physician assistants for the Department of Veterans Affairs, 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 physician assistant license shall be issued by the State Board of Medical Licensure to eligible physician assistants without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.
(b) A physician assistant must meet the following requirements to be eligible for a special volunteer physician assistant license:
(i) Completion of an application for a special volunteer physician assistant license, including documentation of the physician assistant's educational qualifications and practice history;
(ii) Documentation that the physician assistant has been previously issued an unrestricted physician assistant license in Mississippi 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;
(iii) Acknowledgement and documentation that the physician assistant's practice under the special volunteer physician assistant license will be exclusively and totally devoted to providing care to needy and indigent persons in Mississippi or persons in medically underserved areas in Mississippi; and
(iv) Acknowledgement and documentation that the physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any services rendered under the special volunteer physician assistant license.
(3) (a) Any licensed physician, physician's assistant, osteopath, dentist, dental hygienist, ophthalmologist, optometrist, nurse or certified nurse practitioner (hereinafter "Medical Professional") whose license is in good standing may donate their expertise for the medical care and treatment of indigent or needy persons under a written agreement with the Department of Health or its designee. The Department of Health (hereinafter "Department") may contract with county health departments or qualified nonprofit organizations with expertise and experience in providing free or charitable health care to indigent or needy persons (hereinafter "Contractor") to administer the program.
(b) Pursuant to Section 73-25-38, any licensed Medical Professional who voluntarily provides medical care and treatment to indigent or needy persons without expectation of payment shall be immune from liability for any civil action arising out of any act or omission resulting from the provision of such services unless the act or omission was the result of the Medical Professional's gross negligence or willful misconduct.
(c) The agreement entered into by and between the Medical Professional and the Department of Health or its designee shall provide that:
(i) The agreement applies only to volunteer health care services delivered by the Medical Professional to indigent or needy persons.
(ii) The identity of the parties to the agreement, including the Medical Professional's Mississippi Medical License number.
(iii) The Medical Professional agrees that he or she will not receive any payment or compensation, either direct or indirect, or have the expectation of payment or compensation, for any medical services provided to indigent and needy individuals under the agreement.
(iv) Pursuant to Section 73-25-38(1), the Medical Professional shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of medical services under the agreement unless the act or omission was the result of the Medical Professional's gross negligence or willful misconduct. The Medical Professional understands that the immunity provided applies only to noncompensated services rendered to indigent or needy individuals under the terms of the agreement and shall not apply to any other services rendered by the Medical Professional.
(v) The Medical Professional shall submit annual reports to the Department and/or Contractor listing (1) the number of hours of donated care, (2) the number of qualified indigent or needy patients served, and (3) the estimated value of care donated under this section. The Department and/or Contractor shall have the right to review the record of any patient served by the Medical Professional under the agreement to verify the accuracy of reported information. All patient medical records and identifying information contained in annual reports submitted to the Department and/or Contractor are confidential.
(vi) Any adverse incidents and information regarding treatment outcomes must be reported by the Medical Professional to the Department and/or Contractor, if incidents and information pertain to a patient treated under the agreement. The incident report must also be submitted to the appropriate licensing body, which shall review the incident to determine whether it involves conduct by the Medical Professional that is subject to disciplinary action. All patient medical records and identifying information contained in adverse incident reports and treatment outcomes obtained by the Department and/or Contractor as well as appropriate licensing bodies are confidential.
(vii) The Department and/or Contractor shall have the right to terminate the agreement with the Medical Professional with appropriate cause.
(a) In terminating the agreement, the Department and/or Contractor shall provide the Medical Professional with written notice of its intent to terminate the agreement, and reasons for such decision, at least ten (10) business days in advance of the termination date.
(b) The Department and/or Contractor shall establish an appeals process for medical professionals terminated under this section.
(viii) The Medical Professional is subject to oversight and inspection by the Department and/or Contractor with respect to services rendered under the agreement.
(4) Any Medical Professional who voluntarily provides medical care and treatment to indigent or needy persons under a special volunteer medical license or an agreement entered into with the Department and/or Contractor as authorized in this section may fulfill one (1) credit hour of continuing education for each sixty (60) minutes of providing voluntary health services to indigent or needy persons. The applicable agency that issues licenses to the Medical Professional shall permit the Medical Professional to satisfy up to one-third (1/3) of the Medical Professional's continuing education requirement by providing services to indigent or needy persons under a special volunteer medical license or an agreement authorized by this section.
SECTION 2. Section 73-25-19, Mississippi Code of 1972, is amended as follows:
73-25-19.
(1) Nonresident physicians, licensed physician, physician's assistant, osteopath,
dentist, dental hygienist, ophthalmologist, optometrist, nurse or certified
nurse practitioner, not holding
license from the state shall not be permitted to practice, * * * unless they: (a) practice * * * in the
state for more than five (5) days per calendar year; (b) are called
in consultation by a licensed medical professional residing in this state; (c)
practice in an area that is under a state or federal declaration of emergency;
or (d) are providing temporary volunteer health services in the state through a
sponsoring organization registered with the Department of Health. * * *
This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17.
(2) (a) Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required by state law is necessary for a licensed medical professional who:
(i) Lawfully practices under an exception to the licensure or certification requirements of any state, territory, district, or possession of the United States, provided that the Medical Professional does not and will not regularly practice in the State of Mississippi; and
(ii) Donates their time and expertise solely for the purpose of providing temporary health services in this state through a sponsoring organization registered with the Department of Health.
(b) The provisions of paragraph (a) shall not apply to:
(i) Any person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction; or
(ii) A licensed health care provider who renders services outside the scope of practice authorized by the provider's licensure, certification, or exception to such licensure or certification.
(3) With regard to a person who donates their time and expertise to provide temporary health services and who is covered by the provisions of subsection 2(a) of this section, all requirements regarding display of a license or certificate shall be satisfied by the presentation for inspection, upon request, of a photocopy of the applicable license, certificate, or statement of exemption.
(4) Any nonresident Medical Professional providing temporary volunteer health services in this state through a sponsoring organization shall be immune from liability for any civil action arising out of any act or omission resulting from the provision of such services unless the act or omission was the result of the nonresident Medical Professional's gross negligence or willful misconduct.
(5) (a) An organization who wishes to provide volunteer health care services in this state shall register with the Department of Health prior to providing any services in this state by filing a registration form and submitting an annual registration fee of Fifty Dollars ($50.00). The registration form shall contain:
(i) The name of the sponsoring organization;
(ii) A statement of the sponsoring organization's mission or purpose;
(iii) The names of the principal officers of the organization or individuals responsible for the operation of the organization;
(iv) The address, including street, city, state, zip code, and county, of the sponsoring organization's principal office;
(v) The telephone number for the sponsoring organization's principal office and the business telephone number of the individual filing the application on behalf of the sponsoring organization; and
(vi) The sponsoring organization shall notify the Department in writing of any pertinent change in information provided under this subsection within thirty (30) days of such change.
(b) The sponsoring organization shall file quarterly volunteer services reports with the Department listing the names of all licensed nonresident Medical Professionals who provided voluntary health care services in this state during the previous quarter as well as the dates, places, and types of services provided during the previous quarter.
(c) The sponsoring organization shall maintain a file on each Medical Professional who provides temporary volunteer health services through the organization. For each Medical Professional, the organization shall maintain a copy of a current license, certificate, or statement of exemption from licensure or certification. Files shall be maintained for five (5) years following the most recent date the Medical Professional provided health care services in this state through the sponsoring organization.
(d) The sponsoring organization shall furnish all records maintained under this section to the Department upon request.
SECTION 3. Section 73-25-38, Mississippi Code of 1972, is brought forward as follows:
73-25-38. (1) Any licensed physician, physician assistant or certified nurse practitioner 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. Except in cases of rendering emergency care wherein the provisions of Section 73-25-37 apply, immunity under this section shall be extended only if the physician, physician assistant or certified nurse practitioner 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 or certified nurse practitioner shall be immune as provided in this subsection. The immunity from liability granted by this subsection also shall extend to actions arising from a church-operated outpatient medical clinic that exists solely for the purpose of providing charitable medical services to persons who are unable to pay for such services, provided that the outpatient clinic receives less than Forty Thousand Dollars ($40,000.00) annually in patient payments.
(2) Any licensed physician, physician assistant or certified nurse practitioner assisting with emergency management, emergency operations or hazard mitigation in response to any emergency, man-made or natural disaster, who voluntarily provides needed medical or health services to any person without fee or other compensation, shall not be liable for civil damages on the basis of any act or omission if the physician, physician assistant or nurse practitioner was acting in good faith and within the scope of their license, education and training and the acts or omissions were not caused from gross, willful or wanton acts of negligence.
(3) Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 73-25-18 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 subsection 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.
(4) Any physician who is retired from active practice, and who has been previously issued an unrestricted license to practice medicine in any state of the United States or who has been issued a special volunteer medical license under Section 73-25-18, shall be immune from liability for any civil action arising out of any medical care or treatment provided while voluntarily serving as "doctor of the day" for members of the Mississippi State Legislature, legislative or other state employees, or any visitors to the State Capitol on the date of such service. This subsection shall not extend immunity to acts of willful or gross negligence or misconduct.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.
