2006 Code of Virginia § 32.1-127.3 - Immunity from liability for certain free health care services

32.1-127.3. Immunity from liability for certain free health care services.

A. No hospital employee who renders health care services at his place ofemployment and within the limits of his licensure, certification, ormultistate licensure privilege to practice nursing, or, if such employee isnot required to be licensed or certified pursuant to Title 54.1, within thescope of his employment, shall be liable for any civil damages for any act oromission resulting from the rendering of such services to a patient of aclinic which is organized in whole or in part for the delivery of health careservices without charge unless such act or omission was the result of grossnegligence or willful misconduct. Such clinic shall have on record writtenagreements with each hospital providing such services, and immunity shallapply only to those services provided by the hospital without charge.

B. For the purposes of Article 5 ( 2.2-1832 et seq.) of Chapter 18 of Title2.2, any personnel employed by a hospital licensed pursuant to this articleand rendering health care services pursuant to subsection A shall be deemedan agent of the Commonwealth and to be acting in an authorized governmentalcapacity with respect to delivery of such health care services if (i) thehospital has agreed in writing to provide health care services at no chargefor patients referred by a clinic organized in whole or in part for thedelivery of health care services without charge, (ii) the employing hospitalis registered with the Division of Risk Management, and (iii) the employeedelivering such services has no legal or financial interest in the clinicfrom which the patient is referred. The premium for coverage of such hospitalemployees under the Risk Management Plan shall be paid by the Department ofHealth.

C. The provisions of this section shall only apply to health care personnelproviding care pursuant to subsections A and B during the period in whichsuch care is rendered.

D. Moreover, no officer, director or employee of any such clinic, or theclinic itself, as described in subsection A shall, in the absence of grossnegligence or willful misconduct, be liable for civil damages resulting fromany act or omission relating to the providing of health care services withoutcharge to patients of the clinic.

E. For the purposes of this section and Article 5 ( 2.2-1832 et seq.) ofChapter 18 of Title 2.2, "delivery of health care services without charge"shall be deemed to include the delivery of dental or medical services in adental or medical clinic when a reasonable minimum fee is charged to coveradministrative costs.

(1993, c. 785; 1994, c. 444; 1996, c. 748; 2000, cc. 618, 632; 2004, c. 49.)