ASSEMBLY, No. 354
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman QUIGLEY and Assemblyman GARCIA
An Act concerning volunteer 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. As used in this act:
"Licensed health care professional" means a health care professional licensed pursuant to Title 45 of the Revised Statutes.
"Indigent person" means a person whose total annual household income does not exceed 150% of the official poverty level, adjusted for family size, established pursuant to section 673(2) of Subtitle B, the "Community Services Block Grant Act," of Pub.L. 97-35 (42 U.S.C. §9902(2)).
"Shelter or health care facility" means any nonprofit corporation, society or association which provides shelter or health care services to an indigent person.
"Volunteer licensed health care professional" or "volunteer" means a licensed health care professional who provides a health care service to an indigent person at a shelter or health care facility without compensation or the expectation of compensation or any other form of remuneration.
2. a. Notwithstanding the provisions of section 1 of P.L.1959, c.90 (C.2A:53A-7) to the contrary, a volunteer licensed health care professional who provides a health care service within the scope of the person's professional license, other than the performance of a surgical procedure, to an indigent person at a shelter or health care facility, shall not be liable in damages to any person in a civil action, for damages to person or property resulting from an act or omission, unless the act or omission was the result of willful or wanton misconduct.
b. Prior to providing a health care service pursuant to subsection a. of this section, a volunteer shall determine in good faith that the indigent person is mentally capable of giving informed consent and that he is not under any duress or undue influence, shall inform the indigent person of the provisions of this act and shall obtain his informed consent. The indigent person or another person acting on his behalf and in his presence, shall sign a waiver stating that the indigent person is mentally competent to give informed consent to the health care service and is not under any duress or undue influence.
3. Notwithstanding the provisions of section 2 of P.L.1959, c.90 (C.2A:53A-8) to the contrary, a shelter or health care facility shall not be liable in damages to any person in a civil action, for damages to person or property resulting from an act or omission by a volunteer licensed health care professional who provides a health care service within the scope of the person's professional license, other than the performance of a surgical procedure, to an indigent person at a shelter or health care facility, unless the act or omission was the result of willful or wanton misconduct.
4. a. Nothing in this act shall be construed to limit any defense or immunity from civil liability otherwise available by State law or by common law.
b. Nothing in this act shall be construed to exempt a licensed health care professional or a shelter or health care facility, from immunity from civil liability for an act that is outside the scope of the professional's license.
c. Nothing in this act shall be construed to limit the requirement of a shelter or health care facility to comply with laws or regulations pertaining to housing, building, environmental, health, fire, zoning or other appropriate safety standards.
5. The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall inform the licensees of health care professional boards of the provisions of this act and shall conduct a survey of licensed health care professionals six months after the effective date of this act to determine any increase in health care services provided to indigents as a result of this act. The commissioner, in consultation with the director, shall report to the Governor and the Legislature, no later than one year after the effective date of this act on the number of volunteer licensed health care professionals who have provided a health care service to an indigent person at a shelter or health care facility pursuant to this act, and whether any increase in service is attributable to this act.
The commissioner, in consultation with the director, shall conduct a second survey of the licensing boards three years and six months after the effective date of this act and shall compare the results of both surveys and report to the Governor and the Legislature no later than four years after the effective date of this act on any increase or decrease in service attributable to this act. The commissioner shall accompany that report with any recommendations for changes in the law or regulations governing this act that the commissioner deems necessary.
6. This act shall take effect immediately.
STATEMENT
This bill provides qualified immunity from civil liability to health care professionals licensed pursuant to Title 45 of the Revised Statutes, who render a health care service, other than the performance of a surgical procedure, as a volunteer to an indigent person at a shelter or health care facility. An indigent person means a person whose total annual household income does not exceed 150 percent of the official poverty level, adjusted for family size. Prior to providing the health care service, the licensed health care professional shall obtain the indigent person's informed consent, after first determining that he is mentally capable of giving informed consent and is not under any duress or undue influence.
Also, the shelters or health care facilities are granted qualified immunity for damages resulting from an act or omission of a volunteer. The immunity from liability does not apply if there was an act or omission which was the result of willful or wanton misconduct.
The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall inform licensees of the health care professional boards of the provisions of this bill and shall conduct a survey of health care professionals licensed pursuant to Title 45 of the Revised Statutes six months after the effective date of this bill to determine any increase in health care services provided to indigent persons. The commissioner shall report to the Governor and the Legislature, no later than one year after the effective date of this bill on the number of volunteer licensed health care professionals who have provided a health care service to an indigent person at a shelter or health care facility and whether any increase in service is attributable to this bill.
A comparison survey shall be conducted three and a half years after the effective date of this bill. The commissioner shall report to the Governor and the Legislature on any increase or decrease in services attributable to this bill no later than four years after the effective date of this bill.
Provides qualified immunity for volunteers providing health care services to indigent persons at a shelter or health care facility.