ASSEMBLY, No. 3739

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 11, 2011

 


 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Morris and Passaic)

 

 

 

 

SYNOPSIS

     Provides civil immunity to licensed health care professionals who provide care at health care facilities for no compensation.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning immunity from civil liability for certain health care professionals and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this act:

     “Licensed health care facility” means a health care facility licensed by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (26:2H-1 et seq.); and

     “Licensed health care professional” means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or by one of the following boards:  the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, and the Certified Psychoanalysts Advisory Committee.

     b.    A licensed health care professional who cares for or treats a patient at a licensed health care facility, or a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility, and who does not bill for, otherwise receive any compensation for, or have any expectation to receive compensation for, the care or treatment provided,

shall be immune from civil liability for any personal injury that is a result of the uncompensated care or treatment provided by that professional to the patient; except that the immunity granted under this act shall not extend to an act or omission that, by clear and convincing evidence, was the result of gross negligence or willful or wanton misconduct.

     c.     Prior to rendering any care or treatment pursuant to this act, the health care professional, or his designee, shall inform the patient of the immunity granted pursuant to this act.

 

     2.    This act shall take effect on the 60th day following enactment and shall apply to care and treatment rendered on or after the effective date.


STATEMENT

 

     This bill provides that a licensed health care professional who:

·        cares for or treats a patient at a licensed health care facility (including a federally qualified health care center), or a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility; and

·        does not bill for, otherwise receive any compensation for, or have any expectation to receive compensation for, the care or treatment provided,

shall be immune from civil liability for any personal injury that is a result of the uncompensated care or treatment provided by that professional to the patient.  The immunity granted under this bill shall not extend to an act or omission that, by clear and convincing evidence, was the result of gross negligence or willful or wanton misconduct.

     The bill further provides that, prior to rendering any care or treatment, the health care professional, or his designee, shall inform the patient of the immunity granted pursuant to this bill.

     The bill defines “licensed health care professional” to mean a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or by a State licensing board, and includes, but is not limited to, physicians, nurses, dentists, physician assistants, psychologists, optometrists, pharmacists, chiropractors, acupuncturists, physical and occupational therapists, audiologists, and marriage and family therapists.

     The bill takes effect on the 60th day following enactment and applies to care and treatment rendered on or after the effective date.