135.24 - VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED -- IMMUNITY FROM CIVIL LIABILITY.

        135.24  VOLUNTEER HEALTH CARE PROVIDER PROGRAM
      ESTABLISHED -- IMMUNITY FROM CIVIL LIABILITY.
         1.  The director shall establish within the department a program
      to provide to eligible hospitals, clinics, free clinics, field dental
      clinics, specialty health care provider offices, or other health care
      facilities, health care referral programs, or charitable
      organizations, free medical, dental, chiropractic, pharmaceutical,
      nursing, optometric, psychological, social work, behavioral science,
      podiatric, physical therapy, occupational therapy, respiratory
      therapy, and emergency medical care services given on a voluntary
      basis by health care providers.  A participating health care provider
      shall register with the department and obtain from the department a
      list of eligible, participating hospitals, clinics, free clinics,
      field dental clinics, specialty health care provider offices, or
      other health care facilities, health care referral programs, or
      charitable organizations.
         2.  The department, in consultation with the department of human
      services, shall adopt rules to implement the volunteer health care
      provider program which shall include the following:
         a.  Procedures for registration of health care providers
      deemed qualified by the board of medicine, the board of physician
      assistants, the dental board, the board of nursing, the board of
      chiropractic, the board of psychology, the board of social work, the
      board of behavioral science, the board of pharmacy, the board of
      optometry, the board of podiatry, the board of physical and
      occupational therapy, the board of respiratory care, and the Iowa
      department of public health, as applicable.
         b.  Procedures for registration of free clinics, field dental
      clinics, and specialty health care provider offices.
         c.  Criteria for and identification of hospitals, clinics,
      free clinics, field dental clinics, specialty health care provider
      offices, or other health care facilities, health care referral
      programs, or charitable organizations, eligible to participate in the
      provision of free medical, dental, chiropractic, pharmaceutical,
      nursing, optometric, psychological, social work, behavioral science,
      podiatric, physical therapy, occupational therapy, respiratory
      therapy, or emergency medical care services through the volunteer
      health care provider program.  A free clinic, a field dental clinic,
      a specialty health care provider office, a health care facility, a
      health care referral program, a charitable organization, or a health
      care provider participating in the program shall not bill or charge a
      patient for any health care provider service provided under the
      volunteer health care provider program.
         d.  Identification of the services to be provided under the
      program.  The services provided may include but shall not be limited
      to obstetrical and gynecological medical services, psychiatric
      services provided by a physician licensed under chapter 148, dental
      services provided under chapter 153, or other services provided under
      chapter 147A, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154, 154B,
      154C, 154D, 154F, or 155A.
         3.  A health care provider providing free care under this section
      shall be considered an employee of the state under chapter 669, shall
      be afforded protection as an employee of the state under section
      669.21, and shall not be subject to payment of claims arising out of
      the free care provided under this section through the health care
      provider's own professional liability insurance coverage, provided
      that the health care provider has done all of the following:
         a.  Registered with the department pursuant to subsection 1.
         b.  Provided medical, dental, chiropractic, pharmaceutical,
      nursing, optometric, psychological, social work, behavioral science,
      podiatric, physical therapy, occupational therapy, respiratory
      therapy, or emergency medical care services through a hospital,
      clinic, free clinic, field dental clinic, specialty health care
      provider office, or other health care facility, health care referral
      program, or charitable organization listed as eligible and
      participating by the department pursuant to subsection 1.
         4.  A free clinic providing free care under this section shall be
      considered a state agency solely for the purposes of this section and
      chapter 669 and shall be afforded protection under chapter 669 as a
      state agency for all claims arising from the provision of free care
      by a health care provider registered under subsection 3 who is
      providing services at the free clinic in accordance with this section
      or from the provision of free care by a health care provider who is
      covered by adequate medical malpractice insurance as determined by
      the department, if the free clinic has registered with the department
      pursuant to subsection 1.
         5.  A field dental clinic providing free care under this section
      shall be considered a state agency solely for the purposes of this
      section and chapter 669 and shall be afforded protection under
      chapter 669 as a state agency for all claims arising from the
      provision of free care by a health care provider registered under
      subsection 3 who is providing services at the field dental clinic in
      accordance with this section or from the provision of free care by a
      health care provider who is covered by adequate medical malpractice
      insurance, as determined by the department, if the field dental
      clinic has registered with the department pursuant to subsection 1.
         6.  A specialty health care provider office providing free care
      under this section shall be considered a state agency solely for the
      purposes of this section and chapter 669 and shall be afforded
      protection under chapter 669 as a state agency for all claims arising
      from the provision of free care by a health care provider registered
      under subsection 3 who is providing services at the specialty health
      care provider office in accordance with this section or from the
      provision of free care by a health care provider who is covered by
      adequate medical malpractice insurance, as determined by the
      department, if the specialty health care provider office has
      registered with the department pursuant to subsection 1.
         7.  For the purposes of this section:
         a.  "Charitable organization" means a charitable organization
      within the meaning of section 501(c)(3) of the Internal Revenue Code.

         b.  "Field dental clinic" means a dental clinic temporarily or
      periodically erected at a location utilizing mobile dental equipment,
      instruments, or supplies, as necessary, to provide dental services.
         c.  "Free clinic" means a facility, other than a hospital or
      health care provider's office which is exempt from taxation under
      section 501(c)(3) of the Internal Revenue Code and which has as its
      sole purpose the provision of health care services without charge to
      individuals who are otherwise unable to pay for the services.
         d.  "Health care provider" means a physician licensed under
      chapter 148, a chiropractor licensed under chapter 151, a physical
      therapist licensed pursuant to chapter 148A, an occupational
      therapist licensed pursuant to chapter 148B, a podiatrist licensed
      pursuant to chapter 149, a physician assistant licensed and
      practicing under a supervising physician pursuant to chapter 148C, a
      licensed practical nurse, a registered nurse, or an advanced
      registered nurse practitioner licensed pursuant to chapter 152 or
      152E, a respiratory therapist licensed pursuant to chapter 152B, a
      dentist, dental hygienist, or dental assistant registered or licensed
      to practice under chapter 153, an optometrist licensed pursuant to
      chapter 154, a psychologist licensed pursuant to chapter 154B, a
      social worker licensed pursuant to chapter 154C, a mental health
      counselor or a marital and family therapist licensed pursuant to
      chapter 154D, a speech pathologist or audiologist licensed pursuant
      to chapter 154F, a pharmacist licensed pursuant to chapter 155A, or
      an emergency medical care provider certified pursuant to chapter
      147A.
         e.  "Specialty health care provider office" means the private
      office or clinic of an individual specialty health care provider or
      group of specialty health care providers as referred by the Iowa
      collaborative safety net provider network established in section
      135.153, but does not include a field dental clinic, a free clinic,
      or a hospital.  
         Section History: Recent Form
         93 Acts, ch 65, § 1; 95 Acts, ch 121, § 1; 98 Acts, ch 1027,
      §1--6; 2001 Acts, ch 176, §31; 2002 Acts, ch 1108, §8; 2003 Acts, ch
      89, §1; 2005 Acts, ch 118, §1--6; 2007 Acts, ch 10, §20; 2007 Acts,
      ch 95, §1; 2007 Acts, ch 159, §18; 2007 Acts, ch 218, §101, 193; 2008
      Acts, ch 1088, §84, 85; 2009 Acts, ch 118, §43; 2009 Acts, ch 133,
      §32
         Referred to in § 135M.2