SENATE, No. 1933

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 13, 2010

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  ROBERT W. SINGER

District 30 (Burlington, Mercer, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Provides civil immunity for certain volunteer physicians, nonprofit clinics and federally qualified health centers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act providing civil immunity for certain volunteer physicians, nonprofit clinics and federally qualified health centers 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.  A volunteer physician who cares for or treats patients at a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility or at a federally qualified health center, and the clinic or center and its trustees, directors, officers, employees, agents, and volunteers, as applicable, shall be immune from civil liability for any personal injury, including a personal injury that is a result of care or treatment received at the clinic or center, if the care or treatment was reasonably provided in good faith; except that the immunity granted under this section does not extend to an act or omission that was the result of gross negligence or willful or wanton misconduct or the negligent operation of a motor vehicle.  The immunity provided to the clinic or center pursuant to this section shall only apply to care or treatment provided by the physician pursuant to this section.

     b.  The patient and the volunteer physician shall agree to the provision of uncompensated patient care or treatment and the immunity granted pursuant to this section prior to the rendering of the patient care or treatment by the physician.

     c.  As used in this section, “volunteer physician” means a retired physician who remains licensed pursuant to chapter 9 of Title 45 of the Revised Statutes at the time he provides care or treatment pursuant to this act and whose professional practice is limited to providing patient care or treatment exclusively without compensation or the expectation or promise of compensation.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides immunity from civil liability to certain retired physicians providing patient care or treatment at nonprofit free-standing clinics and federally qualified health centers (FQHCs) on a volunteer basis, and also provides immunity to these clinics and FQHCs with respect to the care or treatment provided by the physicians.

     The bill provides specifically as follows:

·    A volunteer physician, who provides patient care or treatment to patients at a nonprofit free-standing clinic that is not owned or controlled by a licensed health care facility or at a FQHC, and the clinic or FQHC and its trustees, directors, officers, employees, agents, and volunteers, as applicable, are immune from civil liability for personal injury, if the care or treatment was reasonably provided in good faith.

·    No immunity, however, is to be provided for gross negligence or willful or wanton misconduct or the negligent operation of a motor vehicle.

·    The bill defines “volunteer physician” to mean a retired physician who remains licensed pursuant to chapter 9 of Title 45 of the Revised Statutes at the time he provides care or treatment pursuant to this bill and whose professional practice is limited to providing patient care or treatment exclusively without compensation or the expectation or promise of compensation.

·    A patient and the volunteer physician must agree to the provision of uncompensated patient care or treatment and the immunity granted under the bill prior to the rendering of the patient care or treatment.