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