General Assembly: 80 (2003 Regular GA) - Chapter 89 - Volunteer health care provider program participants — liability


Published: 2003-04-28

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160LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 89

CH. 89CH. 89

CHAPTER 89

VOLUNTEER HEALTH CARE PROVIDER PROGRAM PARTICIPANTS — LIABILITY

H.F. 557

AN ACT relating to liability of certain health care facilities and health care providers partici- pating in the volunteer health care provider program.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 135.24, Code 2003, is amended to read as follows: 135.24 VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED — IMMU-

NITY FROM CIVIL LIABILITY. 1. The director shall establish within the department a program to provide to eligible hospi-

tals, clinics, free clinics, or other health care facilities, health care referral programs, or chari- table organizations, free medical, dental, and chiropractic services given on a voluntary basis by health care providers. A participating health care provider shall register with the depart- ment andobtain from thedepartment a list of eligible, participatinghospitals, clinics, free clin- ics, or other health care facilities, health care referral programs, or charitable organizations. 2. Thedepartment, in consultationwith thedepartment of human services, shall adopt rules

to implement the volunteer health care provider program which shall include the following: a. Procedures for registration of health care providers deemed qualified by the board of

medical examiners, theboardof physician assistant examiners, theboardof dental examiners, the board of nursing, and the board of chiropractic examiners, the board of psychology ex- aminers, the board of social work examiners, the board of behavioral science examiners, and the board of pharmacy examiners. b. Procedures for registration of free clinics. b. c. Criteria for and identification of hospitals, clinics, free clinics, or other health care fa-

cilities, health care referral programs, or charitable organizations, eligible to participate in the provision of free medical, dental, or chiropractic services through the volunteer health care provider program. A free clinic, health care facility, a health care referral program, a charita- ble organization, or a health care provider participating in the program shall not bill or charge a patient for any health care provider service provided under the volunteer health care provid- er program. c. d. Identification of the services to be provided under the program. The services provided

may include, but shall not be limited to, obstetrical and gynecological medical services, psy- chiatric services provided by a physician licensed under chapter 148, 150, or 150A, or services provided under chapter 151. 3. A health care provider providing free care under this section shall be considered an em-

ployee of the state under chapter 669 and shall be afforded protection as an employee of the state under section 669.21, provided that the health care provider has done all of the following: a. Registered with the department pursuant to subsection 1. b. Provided medical, dental, or chiropractic services through a hospital, clinic, free clinic,

or other health care facility, health care referral program, or charitable organization listed as eligible and participating by the department pursuant to subsection 1. 4. A free clinic providing free care under this section shall be considered a state agency sole-

ly for the purposes of this section and chapter 669 and shall be affordedprotection under chap- ter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the free clinic in accor- dance with this section, if the free clinic has registered with the department pursuant to sub- section 1. 4. 5. For the purposes of this section, “charitable organization” means a charitable orga-

nization within the meaning of section 501(c)(3) of the Internal Revenue Code which has as its primary purpose the sponsorship or support of programs designed to improve the quality,

161 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 90

awareness, and availability of chiropractic, dental, ormedical services to children and to serve as a funding mechanism for provision of chiropractic, dental, or medical services, including but not limited to immunizations, to children in this state. 5. 6. For the purposes of this section, “health: a. “Free clinic” means a facility, other than a hospital or health care provider’s office which

is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and which has as its sole purpose the provision of health care services without charge to individuals who are otherwise unable to pay for the services. b. “Health care provider” means a physician licensed under chapter 148, 150, 150A, or 151,

a physician assistant licensed and practicing under a supervising physician pursuant to chap- ter 148C, a licensed practical nurse, a registered nurse, or a dentist, dental hygienist, or dental assistant registeredor licensed topracticeunder chapter 153, apsychologist licensedpursuant to chapter 154B, a social worker licensed pursuant to chapter 154C, amental health counselor licensed pursuant to chapter 154D, or a pharmacist licensed pursuant to chapter 155A.

Approved April 28, 2003

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CH. 90CH. 90

CHAPTER 90

SWINE DEALERS — FINANCIAL RESPONSIBILITY

H.F. 617

AN ACT requiring that dealers of certain swine file evidence of financial responsibility with the department of agriculture and land stewardship.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 163.30, subsection 3, unnumbered paragraph 1, Code 2003, is amended to read as follows: No A person shall not act as a dealer without first securing unless the department issues the

person adealer’s license from thedepartment. Thepersonmust be licensed as adealer regard- less of whether the swine originate in this state or another jurisdiction or the person resides in this state or another jurisdiction. The jurisdiction may be in another state or a foreign na- tion. a. The fee for a dealer’s license shall be is five dollars per annumand all licenses shall expire

each year. A license expires on the first day of July following the date of issue. Licenses A license shall be numbered and the dealer shall retain the number from year to year. 3A. To secure be issued a license, the an applicant must file a surety bond with the depart-

ment a bond in the sum of. The applicant shall file a standard surety bond of ten thousand dollars with the secretary named as trustee, for the use and benefit of anyone damaged by a violation of this section, except that the bond shall not be required for dealers who are bonded in the same or a greater amount than required pursuant to the federal Packers and Stockyards Act. In addition, thedepartmentmay require that a licensee file evidenceof financial responsi- bility with the department prior to a license being issued or renewed as provided in section 202C.2.

Sec. 2. NEW SECTION. 202C.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Dealer” means a person required to be licensed as a dealer pursuant to section 163.30.