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2017 SESSION
17101057DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-106 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-106. Health care professionals and others rendering services to patients of certain clinics exempt from liability.
A. No person who is licensed or certified by the Boards of/for Audiology and
Speech-Language Pathology; Counseling; Dentistry; Medicine; Nursing; Optometry; Opticians; Pharmacy; Hearing Aid Specialists;
Psychology; or Social Work or the
Board for Hearing Aid Specialists
and Opticians, or who holds a multistate
licensure privilege to practice nursing issued by the Board of Nursing who
renders at any site any health care services within the limits of his license,
certification or licensure privilege, voluntarily and without compensation, to
any patient of any clinic which is organized in whole or in part for the
delivery of health care services without charge or any clinic for the indigent
and uninsured that is organized for the delivery of primary health care services
as a federally qualified health center designated by the Centers for Medicare
& Medicaid Services, and no person who
organizes, arranges, promotes, or administers such services,
shall be liable for any civil damages for any act or omission resulting from
the rendering of such services unless the act or omission was the result of his
gross negligence or willful misconduct.
For purposes of this section, any commissioned or contract medical officers or dentists serving on active duty in the United States armed services and assigned to duty as practicing commissioned or contract medical officers or dentists at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this title.
B. For the purposes of Article 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, any person rendering such health care services who (i) is registered with the Division of Risk Management and (ii) has no legal or financial interest in the clinic from which the patient is referred shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services. The premium for coverage of such person under the Risk Management Plan shall be paid by the Department of Health.
C. For the purposes of this section and Article 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, "delivery of health care services without charge" shall be deemed to include the delivery of dental, medical or other health services when a reasonable minimum fee is charged to cover administrative costs.