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, or other health care facilities, health care referral programs, or charitable organizations, free medical and dental 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, 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 medical examiners, the board of physician assistant examiners, the board of dental examiners, and the board of nursing.

b.  Criteria for and identification of hospitals, clinics, or other health care facilities, health care referral programs, or charitable organizations, eligible to participate in the provision of free medical or dental services through the volunteer health care provider program. 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.

c.  Identification of the medical services to be provided under the program. The medical services provided may include, but shall not be limited to, obstetrical and gynecological medical services, and psychiatric services provided by a physician licensed under chapter 148, 150, or 150A.

3.  A health care provider providing free care under this section shall be considered an employee of the state under chapter 669 and shall be afforded protection as an employee of the state under section 669.21, provided that the health care provider has done all of the following:

a.  Registered with the department pursuant to subsection 1.

b.  Provided medical or dental services through a hospital, clinic, 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.  For the purposes of this section, "charitable organization" means a charitable organization within the meaning of section 501(c)(3) of the Internal Revenue Code which has as its primary purpose the sponsorship or support of programs designed to improve the quality, awareness, and availability of medical or dental services to children and to serve as a funding mechanism for provision of medical or dental services, including but not limited to immunizations, to children in this state.

5.  For the purposes of this section, "health care provider" means a physician licensed under chapter 148, 150, or 150A, a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or a dentist licensed to practice under chapter 153.

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


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