Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
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 who provide patient care or treatment at nonprofit free-standing clinics and federally qualified health centers (FQHCs) on a volunteer basis, and it also provides immunity to the clinics and FQHCs with respect to the care or treatment that is provided by such physicians.
The bill provides specifically that any 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, will be immune from civil liability for personal injury stemming from such care or treatment, 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.
The patient and the volunteer physician would be required to agree to both the provision of uncompensated care or treatment, and the application of immunity as provided under the bill, prior to the rendering of such care or treatment.