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 35b.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 42c.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 -1-