2005 Idaho Code - 39-7703 — IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING CHARITABLE MEDICAL CARE

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 77
                   VOLUNTEER HEALTH CARE PROVIDER IMMUNITY
    39-7703.  IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING
CHARITABLE MEDICAL CARE. (1) Any health care provider who voluntarily provides
needed medical or health care services to any person at a free medical clinic
without compensation or the expectation of compensation due to the inability
of such person to pay for the services shall be immune from liability for any
civil action arising out of the provision of such medical or health services.
This section shall not extend immunity to the health care provider for any
acts constituting intentional, willful or grossly negligent conduct or to acts
by a health care provider which are outside the scope of practice authorized
by the provider's licensure, certification or registration.
    (2)  Immunity pursuant to subsection (1) of this section shall apply only
if the health care provider and the patient execute a written waiver in
advance of the rendering of such medical services specifying that such
services are provided without the expectation of compensation and that the
health care provider shall be immune as specified herein.
    (3)  Nothing in this section shall prohibit a free medical clinic from
accepting voluntary contributions for health care services provided to a
patient who has acknowledged his or her ability and willingness to pay a
portion of the value of the health care services provided. Any voluntary
contribution collected for providing care at a free medical clinic shall be
used only to pay overhead expenses of operating the clinic. No portion of any
moneys collected shall be used to provide compensation to any health care
provider.
    (4)  If a health care provider is insured for liability for negligent acts
or omissions arising from providing health care services at a free clinic, the
immunity provided in subsection (1) of this section is waived, provided
however, the amount recovered shall not exceed the limits of such applicable
insurance coverage.