§ 16-6-201 - Indigent care -- Regulations. - Arkansas Statutes

16-6-201. Indigent care -- Regulations.

(a) As used in this section, "health care professional" means a person who:

(1) Is licensed or certified under Subtitle 3 of Title 17; or

(2) Is a student or resident of a health care profession program leading to a professional degree, a license, or certification under Subtitle 3 of Title 17 who is:

(A) Providing services within the scope of the training of that student or resident; and

(B) Under the supervision of a person who is licensed in the health care profession for which the student is seeking a degree, a license, or a certification.

(b) A health care professional who renders health care services voluntarily and without compensation to any person at any free or low-cost health care clinic located in the State of Arkansas and registered by the State Board of Health that accepts no insurance payments and provides health care services free of charge to persons unable to pay or provides health care services for a nominal fee shall not be liable for any civil damages for any act or omission resulting from the rendering of the health care services unless the act or omission was the result of the health care professional's gross negligence or willful misconduct.

(c) (1) The board may promulgate rules necessary to provide for the registration of free or low-cost health care clinics under this section.

(2) The regulations shall require that each person to whom health care services are provided:

(A) Has been fully informed before any treatment by the health care professional providing the services or by the staff of the health care clinic of the immunity from civil suit provisions of this section; and

(B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health.

(d) The board and its members and the division and its agents and employees are exempt and immune from liability for any claims or damages when performing their duties under this section.

(e) The provisions of this section supersede the exception for licensed medical professionals under the Arkansas Volunteer Immunity Act, 16-6-105.