Pennsylvania Act 2002-58 — VOLUNTEER HEALTH SERVICES ACT - AMEND VOLUNTEER LICENSE, VOLUNTEER STATUS, REGULATIONS, EXEMPTIONS, ACTIVE PRACTITIONERS INDEMNITY AND DEFENSE AND OPTIONAL LIABILITY COVERAGE

Act text

VOLUNTEER HEALTH SERVICES ACT - AMEND VOLUNTEER LICENSE, VOLUNTEER
    STATUS, REGULATIONS, EXEMPTIONS, ACTIVE PRACTITIONER INDEMNITY AND
                 DEFENSE AND OPTIONAL LIABILITY COVERAGE
                  Act of Jun. 19, 2002, P.L. 406, No. 58              Cl. 35
                             Session of 2002
                               No. 2002-58

     SB 1017

                                  AN ACT

     Amending the act of December 4, 1996 (P.L.893, No.141), entitled
        "An act providing for volunteer health services; limiting
        liability of a volunteer license holder; and requiring
        reports," further defining "volunteer license"; further
        providing for volunteer status, for regulations and for
        exemptions; and providing for indemnity and defense for
        active practitioners and for optional liability coverage.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "volunteer license" in section
     3 of the act of December 4, 1996 (P.L.893, No.141), known as the
     Volunteer Health Services Act, is amended to read:
      Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Volunteer license."  A license issued by the appropriate
     board to a [retired individual] health care practitioner who
     documents, to the board's satisfaction, that the individual will
     practice [without personal remuneration] only in approved
     clinics without remuneration, who is:
            (1)  a retired health care practitioner; or
            (2)  a nonretired health care practitioner who is not
        required to maintain professional liability insurance under
        the act of October 15, 1975 (P.L.390, No.111), known as the
        Health Care Services Malpractice Act, or the act of March 20,
        2002 (P.L.154, No.13), known as the Medical Care Availability
        and Reduction of Error (Mcare) Act, because the health care
        practitioner is not otherwise practicing medicine or
        providing health care services in this Commonwealth.
        Section 2.  Sections 4, 5 and 9 of the act are amended to
     read:
      Section 4.  Volunteer status.
        A licensee in good standing who retires from active practice
     or a nonretired licensee who does not otherwise currently
     practice or provide health care services in this Commonwealth
     and is not required to maintain professional liability insurance
     under the act of October 15, 1975 (P.L.390, No.111), known as
     the Health Care Services Malpractice Act, or the act of March
     20, 2002 (P.L.154, No.13), known as the Medical Care
     Availability and Reduction of Error (Mcare) Act, may apply, on
     forms provided by the appropriate board, [to place the
     licensee's license on volunteer status] for a volunteer license.
      Section 5.  Regulations.
        Each board shall promulgate regulations governing the
     volunteer license category. The regulations shall include[:
            (1)  Qualifications for placing a license on volunteer
        status after the effective date of this act.
            (2)  Criteria under which a licensee who, having retired
        in good standing and allowed the licensee's license to become
        inactive prior to the effective date of this act, may be
        issued a volunteer license.
            (3)  Procedures under which a volunteer license holder
        may return to active practice] qualifications for obtaining a
        volunteer license.
      Section 9.  Exemptions.
        For the purposes of this act, volunteer licensees who are
     otherwise subject to the provisions of the act of October 15,
     1975 (P.L.390, No.111), known as the Health Care Services
     Malpractice Act, or the act of March 20, 2002 (P.L.154, No.13),
     known as the Medical Care Availability and Reduction of Error
     (Mcare) Act, shall be exempt from the requirements of that act
     with regard to the maintenance of liability insurance coverage.
     Volunteer licensees holding a license issued by the State Board
     of Chiropractic shall be exempt from the provisions of section
     508 of the act of December 16, 1986 (P.L.1646, No.188), known as
     the Chiropractic Practice Act.
        Section 3.  The act is amended by adding sections to read:
      Section 10.2.  Indemnity and defense for active practitioners.
        A health care practitioner who provides health care services
     at an approved clinic without remuneration under an active
     nonvolunteer license shall be entitled to indemnity and defense
     under the terms of whatever liability insurance coverage is
     maintained by or provided to the practitioner to comply with the
     act of October 15, 1975 (P.L.390, No.111), known as the Health
     Care Services Malpractice Act, or the act of March 20, 2002
     (P.L.154, No.13), known as the Medical Care Availability and
     Reduction of Error (Mcare) Act, in the scope of their regular
     practice. No health care practitioner may be surcharged or
     denied coverage for rendering services at an approved clinic.
     Nothing set forth in this section shall limit a carrier's right
     to refuse coverage or to adjust premiums on the basis of
     meritorious claims against the practitioner.
      Section 10.3.  Optional liability coverage.
        A holder of a volunteer license, or an approved clinic acting
     on behalf of a volunteer licensee, who elects to purchase
     primary insurance to cover services rendered at an approved
     clinic shall not be obligated to purchase excess coverage
     through the Medical Professional Catastrophe Loss Fund or the
     Medical Care Availability and Reduction of Error (Mcare) Fund.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 19th day of June, A. D. 2002.

     MARK S. SCHWEIKER