ASSEMBLY, No. 270
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman BATEMAN
An Act amending and supplementing P.L.1959, c.90 and supplementing chapter 9 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1959, c.90 (C.2A:53A-8) is amended to read as follows:
2. a. Notwithstanding the provisions of [the foregoing paragraph] section 1 of P.L.1959, c.90 (C.2A:53A-7) to the contrary, any nonprofit corporation, society or association organized exclusively for hospital purposes shall be liable to respond in damages to such beneficiary who shall suffer damage from the negligence of such corporation, society or association or of its agents or servants to an amount not exceeding $250,000, together with interest and costs of suit, as the result of any one accident and to the extent to which such damage, together with interest and costs of suit, shall exceed the sum of $250,000 such nonprofit corporation, society or association organized exclusively for hospital purposes shall not be liable therefor.
b. Notwithstanding the provisions of section 1 of P.L.1959, c.90 (C.2A:53A-7) to the contrary, a nonprofit free standing clinic with no corporate affiliation to another health care facility and which is engaged in providing health care services without compensation or the expectation or promise of compensation, shall be liable for civil damages only for willful or wanton misconduct, in an amount not exceeding 10% of the clinic's gross assets, together with interest and costs of suit.
(cf: P.L.1991, c.187, s.48)
2. (New section) A health care professional licensed pursuant to Title 45 of the Revised Statutes who renders a health care service voluntarily and without compensation or the expectation or promise of compensation is not liable for civil damages for an act or omission resulting from the rendering of the service unless the act or omission was the result of the licensed professional's willful or wanton misconduct. The agreement to provide a voluntary, noncompensated service shall be made before the rendering of the service by the professional.
3. (New section) Notwithstanding any provision of law to the contrary, the State Board of Medical Examiners shall issue a special volunteer license for a physician who otherwise meets the requirements for State licensure but whose practice is limited exclusively to providing medical services without compensation or the expectation or promise of compensation. The board shall waive all licensing fees for the special volunteer license. A special volunteer licensee shall provide medical services only under the direct supervision of a regularly State licensed physician pursuant to chapter 9 of Title 45 of the Revised Statutes.
4. This act shall take effect immediately.
STATEMENT
This bill provides immunity to a health care professional licensed pursuant to Title 45 of the Revised Statutes who renders a health care service without compensation or the expectation of compensation, unless the professional's act or omission resulted from willful or wanton misconduct. The agreement to provide a noncompensated service shall precede the rendering of the health care service.
Also, the bill places a cap on damages for lawsuits filed against a nonprofit free standing clinic. Liability would not exceed 10% of the clinic's gross assets, unless there was willful or wanton misconduct.
The bill directs the State Board of Medical Examiners to issue a special volunteer license for physicians who limit their practices to providing medical services voluntarily and without compensation or the expectation or promise of compensation. Special volunteer licensees would be required to provide services under the direct supervision of a regularly State licensed physician. The board shall waive all licensure fees for a special volunteer license.
This bill is similar to legislation enacted in South Carolina, which was instrumental in the formation of "The Volunteers in Medicine Clinic" in Hilton Head, South Carolina.
Provides immunity for volunteer licensed health care professionals and free standing clinics and creates volunteer physician license.