Section 7-402 - Health care professional volunteer assistance protection

Health care professional volunteer assistance protection

(a) A licensed physician, registered nurse, or nurse-midwife certified or practicing in the specialty of obstetrics or gynecology who in good faith provides health care or treatment at or on behalf of a free health clinic operating lawfully in the District of Columbia without the expectation of receiving or intending to receive compensation shall not be liable in civil damages for any act or omission in the course of rendering the health care or treatment, unless the act or omission is an intentional wrong or manifests a willful or wanton disregard for the health or safety of others.

(b) A licensed physician, registered nurse, or nurse-midwife providing medical care or assistance in obstetrics or gynecology in accordance with subsection (a) of this section shall provide and shall require his or her prospective client to sign a written statement witnessed by 2 persons in which the parties agree to the rendering of the health care or treatment.

(c) The immunity provided in subsection (a) of this section shall apply to any claim, arising out of health care or treatment given under subsection (a) of this section against: (1) District of Columbia public health clinic; and (2) a free clinic, and the District of Columbia as an indemnifier of such a free clinic, which meets the eligibility requirements of § 1-307.21(2).

CREDIT(S)

(Nov. 8, 1965, Pub. L. 89-341, § 2, as added Aug. 17, 1991, D.C. Law 9-41, § 3, 38 DCR 4979; Feb. 5, 1994, D.C. Law 10-68, § 9, 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 6, 41 DCR 5193.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 2-1345.
Legislative History of Laws
Law 9-41, the “Health Care Professional Volunteer Assistance Protection Amendment Act of 1991,” was introduced in Council and assigned Bill No. 9-42, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9-78 and transmitted to both Houses of Congress for its review.
Law 10-68, the “Technical Amendments Act of 1993,” was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Law 10-255, the “Technical Amendments Act of 1994,” was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective on May 16, 1995.

Current through September 13, 2012