Governor Henry Signs Volunteer Professional Services Immunity Act

By:  R. Murali Krishna, M.D.

Physicians and other licensed providers now have immunity from civil liability while providing services to free clinic patients, regardless of where those services are performed. There is no enrollment process required, and the immunity for physicians is retroactive to November 2004. Other licensed professionals also are immune from civil liability, and most of them have coverage retroactive to November 2009.

On March 3, Governor Henry signed into law Senate Bill 2113; which among other things, drastically simplified and strengthened the liability protections for volunteer physicians and other providers.  This bill passed the House and Senate with an emergency clause, so it became effective on the Governor’s signature. This legislation is the result of years of work by the Health Alliance for the Uninsured, the Oklahoma County Medical Society, the free clinics in Oklahoma County, and those planning for Oklahoma’s first Remote  Area Medical event July 9-11 in OKC.  This Senate Bill creates the “Volunteer Professional Services Immunity Act” provides immunity from civil liability for those providing care for free clinic patients in Oklahoma.

The statute provides, “Any volunteer professional or volunteer health practitioner and any organization that arranges for the care given by the volunteer professional shall be immune from liability in a civil action on the basis of any act or omission of the volunteer professional or volunteer health practitioner resulting in damage or injury…” The physician simply has to meet the following criteria to have the benefit of this protection. First, no compensation can be received by the provider for the care. Secondly, the patient must be seen in, or referred by a free clinic. Third, the care provided must be done in good faith and within the scope of the professional license. Fourth, the care must be provided without “gross negligence or willful and wanton misconduct”. This liability protection includes both active and retired physicians, as long as they are able to legally provide medically related services in Oklahoma. This liability protection also extends to most other licensed medical professionals, including RN’s, Physician Assistants, Advanced Practice Nurses, Physical and Occupational Therapists, Dentists, and almost every other type of licensed medical professional.

A Call To Action

Unlike previous forms of liability protection, there is no enrollment required to participate in this program. If you meet the requirements of the statute, you get the protection. There is no longer any requirement for the provider to verify the eligibility of the patient to receive the care, nor any requirement to inform the patient of the liability protection. Simply, as long as you meet the requirements outlined above, you are covered. Further, this coverage is retroactive to November 1, 2004 for physicians, and to November 1, 2009 for most others.

The need in Oklahoma County is great and we now enjoy the ability to volunteer our professional expertise without worry of being sued for helping.  You are no longer placing your practice and assets at risk by extending help to others. The Health Alliance for the Uninsured is actively seeking volunteer providers both in the clinics, and to accept referrals for care in your office. Please consider volunteering just a few hours to help those in need of medical care in Oklahoma County. Visit the Health Alliance website at www.hauonline.org or call 702-0353 for more information on this program, or for volunteer opportunities.

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