538.228. Immunity from civil liability for certain health care professionals and entities, when. - Missouri Statutes

Immunity from civil liability for certain health care professionalsand entities, when.

538.228. Any physician licensed under chapter 334, RSMo, who providesmedical treatment to a patient at a city or county health department organizedunder chapter 192, RSMo, or chapter 205, RSMo, a city health departmentoperating under a city charter, a combined city-county health department, or anonprofit community health center or other nonprofit entity that solelyprovides free health care services and is qualified as exempt from federaltaxation under Section 501(c)(3) of the Internal Revenue Code of 1986, asamended, shall not be liable for any civil damages for acts or omissionsunless the damages were occasioned by gross negligence or by willful or wantonacts or omissions by such physician in rendering such treatment or unless thephysician maintained, at the time of treatment, liability insurance for suchtreatment, provided that such treatment:

(1) Shall not include the performance of an abortion; and

(2) Is certified in advance of the treatment as being rendered free ofcharge to the patient, with no compensation from any party or third-partyprovider, or any attempt to obtain compensation from any third-party provider.

For purposes of this section, a physician covered under the state legalexpense fund under section 105.711, RSMo, shall not be construed asmaintaining liability insurance coverage under this section.

(L. 2005 H.B. 393)

CROSS REFERENCE:

Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305