54.1-106 - Health care professionals rendering services to patients of certain clinics exempt from liability.
§ 54.1-106. Health care professionals rendering services to patients ofcertain clinics exempt from liability.
A. No person who is licensed or certified by the Boards of/for Audiology andSpeech-Language Pathology; Counseling; Dentistry; Medicine; Nursing;Optometry; Opticians; Pharmacy; Hearing Aid Specialists; Psychology; orSocial Work or who holds a multistate licensure privilege to practice nursingissued by the Board of Nursing who renders at any site any health careservices within the limits of his license, certification or licensureprivilege, voluntarily and without compensation, to any patient of any clinicwhich is organized in whole or in part for the delivery of health careservices without charge or any clinic for the indigent and uninsured that isorganized for the delivery of primary health care services as a federallyqualified health center designated by the Centers for Medicare & MedicaidServices, shall be liable for any civil damages for any act or omissionresulting from the rendering of such services unless the act or omission wasthe result of his gross negligence or willful misconduct.
For purposes of this section, any commissioned or contract medical officersor dentists serving on active duty in the United States armed services andassigned to duty as practicing commissioned or contract medical officers ordentists at any military hospital or medical facility owned and operated bythe United States government shall be deemed to be licensed pursuant to thistitle.
B. For the purposes of Article 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title2.2, any person rendering such health care services who (i) is registeredwith the Division of Risk Management and (ii) has no legal or financialinterest in the clinic from which the patient is referred shall be deemed anagent of the Commonwealth and to be acting in an authorized governmentalcapacity with respect to delivery of such health care services. The premiumfor coverage of such person under the Risk Management Plan shall be paid bythe Department of Health.
C. For the purposes of this section and Article 5 (§ 2.2-1832 et seq.) ofChapter 18 of Title 2.2, "delivery of health care services without charge"shall be deemed to include the delivery of dental, medical or other healthservices when a reasonable minimum fee is charged to cover administrativecosts.
(1983, c. 25, § 54-1.2:2; 1988, c. 765; 1989, c. 159; 1992, cc. 414, 706;1995, cc. 509, 531; 1996, c. 748; 1999, c. 834; 2000, cc. 473, 618, 632;2004, c. 49; 2010, c. 353.)