Senate Amendment 3273


PAG LIN




     1  1    Amend House File 566, as passed by the House, as
     1  2 follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause, and inserting the following:
     1  5    <Section 1.  Section 135.24, Code 2007, is amended
     1  6 to read as follows:
     1  7    135.24  VOLUNTEER HEALTH CARE PROVIDER PROGRAM
     1  8 ESTABLISHED == IMMUNITY FROM CIVIL LIABILITY.
     1  9    1.  The director shall establish within the
     1 10 department a program to provide to eligible hospitals,
     1 11 clinics, free clinics, field dental clinics, or other
     1 12 health care facilities, health care referral programs,
     1 13 or charitable organizations, free medical, dental,
     1 14 chiropractic, pharmaceutical, nursing, optometric,
     1 15 psychological, social work, behavioral science,
     1 16 podiatric, physical therapy, occupational therapy,
     1 17 respiratory therapy, and emergency medical care
     1 18 services given on a voluntary basis by health care
     1 19 providers.  A participating health care provider shall
     1 20 register with the department and obtain from the
     1 21 department a list of eligible, participating
     1 22 hospitals, clinics, free clinics, field dental
     1 23 clinics, or other health care facilities, health care
     1 24 referral programs, or charitable organizations.
     1 25    2.  The department, in consultation with the
     1 26 department of human services, shall adopt rules to
     1 27 implement the volunteer health care provider program
     1 28 which shall include the following:
     1 29    a.  Procedures for registration of health care
     1 30 providers deemed qualified by the board of medical
     1 31 examiners, the board of physician assistant examiners,
     1 32 the board of dental examiners, the board of nursing,
     1 33 the board of chiropractic examiners, the board of
     1 34 psychology examiners, the board of social work
     1 35 examiners, the board of behavioral science examiners,
     1 36 the board of pharmacy examiners, the board of
     1 37 optometry examiners, the board of podiatry examiners,
     1 38 the board of physical and occupational therapy
     1 39 examiners, the state board for respiratory care, and
     1 40 the Iowa department of public health, as applicable.
     1 41    b.  Procedures for registration of free clinics and
     1 42 field dental clinics.
     1 43    c.  Criteria for and identification of hospitals,
     1 44 clinics, free clinics, field dental clinics, or other
     1 45 health care facilities, health care referral programs,
     1 46 or charitable organizations, eligible to participate
     1 47 in the provision of free medical, dental,
     1 48 chiropractic, pharmaceutical, nursing, optometric,
     1 49 psychological, social work, behavioral science,
     1 50 podiatric, physical therapy, occupational therapy,
     2  1 respiratory therapy, or emergency medical care
     2  2 services through the volunteer health care provider
     2  3 program.  A free clinic, a field dental clinic, a
     2  4 health care facility, a health care referral program,
     2  5 a charitable organization, or a health care provider
     2  6 participating in the program shall not bill or charge
     2  7 a patient for any health care provider service
     2  8 provided under the volunteer health care provider
     2  9 program.
     2 10    d.  Identification of the services to be provided
     2 11 under the program.  The services provided may include,
     2 12 but shall not be limited to, obstetrical and
     2 13 gynecological medical services, psychiatric services
     2 14 provided by a physician licensed under chapter 148,
     2 15 150, or 150A, dental services provided under chapter
     2 16 153, or other services provided under chapter 147A,
     2 17 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154,
     2 18 154B, 154C, 154D, or 155A.
     2 19    3.  A health care provider providing free care
     2 20 under this section shall be considered an employee of
     2 21 the state under chapter 669 and shall be afforded
     2 22 protection as an employee of the state under section
     2 23 669.21, provided that the health care provider has
     2 24 done all of the following:
     2 25    a.  Registered with the department pursuant to
     2 26 subsection 1.
     2 27    b.  Provided medical, dental, chiropractic,
     2 28 pharmaceutical, nursing, optometric, psychological,
     2 29 social work, behavioral science, podiatric, physical
     2 30 therapy, occupational therapy, respiratory therapy, or
     2 31 emergency medical care services through a hospital,
     2 32 clinic, free clinic, field dental clinic, or other
     2 33 health care facility, health care referral program, or
     2 34 charitable organization listed as eligible and
     2 35 participating by the department pursuant to subsection
     2 36 1.
     2 37    4.  A free clinic providing free care under this
     2 38 section shall be considered a state agency solely for
     2 39 the purposes of this section and chapter 669 and shall
     2 40 be afforded protection under chapter 669 as a state
     2 41 agency for all claims arising from the provision of
     2 42 free care by a health care provider registered under
     2 43 subsection 3 who is providing services at the free
     2 44 clinic in accordance with this section or from the
     2 45 provision of free care by a health care provider who
     2 46 is covered by adequate medical malpractice insurance
     2 47 as determined by the department, if the free clinic
     2 48 has registered with the department pursuant to
     2 49 subsection 1.
     2 50    4A.  A field dental clinic providing free care
     3  1 under this section shall be considered a state agency
     3  2 solely for the purposes of this section and chapter
     3  3 669 and shall be afforded protection under chapter 669
     3  4 as a state agency for all claims arising from the
     3  5 provision of free care by a health care provider
     3  6 registered under subsection 3 who is providing
     3  7 services at the field dental clinic in accordance with
     3  8 this section or from the provision of free care by a
     3  9 health care provider who is covered by adequate
     3 10 medical malpractice insurance as determined by the
     3 11 department, if the field dental clinic has registered
     3 12 with the department pursuant to subsection 1.
     3 13    5.  For the purposes of this section:
     3 14    a.  "Charitable organization" means a charitable
     3 15 organization within the meaning of section 501(c)(3)
     3 16 of the Internal Revenue Code which has as its primary
     3 17 purpose the sponsorship or support of programs
     3 18 designed to improve the quality, awareness, and
     3 19 availability of chiropractic, dental, medical,
     3 20 pharmaceutical, nursing, optometric, psychological,
     3 21 social work, behavioral science, podiatric, physical
     3 22 therapy, occupational therapy, respiratory therapy, or
     3 23 emergency medical care services to children and to
     3 24 serve as a funding mechanism for provision of
     3 25 chiropractic, dental, medical, pharmaceutical,
     3 26 nursing, optometric, psychological, social work,
     3 27 behavioral science, podiatric, physical therapy,
     3 28 occupational therapy, respiratory therapy, or
     3 29 emergency medical care services, including but not
     3 30 limited to immunizations, to children in this state.
     3 31    b.  "Field dental clinic" means a dental clinic
     3 32 temporarily or periodically erected at a location
     3 33 utilizing mobile dental equipment, instruments, or
     3 34 supplies, as necessary, to provide dental services.
     3 35    b. c.  "Free clinic" means a facility, other than a
     3 36 hospital or health care provider's office which is
     3 37 exempt from taxation under section 501(c)(3) of the
     3 38 Internal Revenue Code and which has as its sole
     3 39 purpose the provision of health care services without
     3 40 charge to individuals who are otherwise unable to pay
     3 41 for the services.
     3 42    c. d.  "Health care provider" means a physician
     3 43 licensed under chapter 148, 150, or 150A, a
     3 44 chiropractor licensed under chapter 151, a physical
     3 45 therapist licensed pursuant to chapter 148A, an
     3 46 occupational therapist licensed pursuant to chapter
     3 47 148B, a podiatrist licensed pursuant to chapter 149, a
     3 48 physician assistant licensed and practicing under a
     3 49 supervising physician pursuant to chapter 148C, a
     3 50 licensed practical nurse, a registered nurse, or an
     4  1 advanced registered nurse practitioner licensed
     4  2 pursuant to chapter 152 or 152E, a respiratory
     4  3 therapist licensed pursuant to chapter 152B, a
     4  4 dentist, dental hygienist, or dental assistant
     4  5 registered or licensed to practice under chapter 153,
     4  6 an optometrist licensed pursuant to chapter 154, a
     4  7 psychologist licensed pursuant to chapter 154B, a
     4  8 social worker licensed pursuant to chapter 154C, a
     4  9 mental health counselor or a marital and family
     4 10 therapist licensed pursuant to chapter 154D, a
     4 11 pharmacist licensed pursuant to chapter 155A, or an
     4 12 emergency medical care provider certified pursuant to
     4 13 chapter 147A.>
     4 14 #2.  Title page, line 1, by striking the words <the
     4 15 definition of a free clinic> and inserting the
     4 16 following:  <field dental clinics>.
     4 17
     4 18
     4 19                               
     4 20 COMMITTEE ON HUMAN RESOURCES,
     4 21 AMANDA RAGAN, CHAIRPERSON
     4 22 HF 566.501 82
     4 23 pf/je/7394

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