§30-14A-5 Special volunteer osteopathic physician assistant certification; civil immunity for voluntary services rendered to indigents. - West Virginia Statutes

§30-14A-5. Special volunteer osteopathic physician assistant certification; civil immunity for voluntary services rendered to indigents.
(a) There is established a special volunteer osteopathic physician assistant certificate for osteopathic physician assistants retired or retiring from the active practice of osteopathy who wish to donate their expertise for the medical care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer osteopathic physician assistant certificate shall be issued by the West Virginia Board of Osteopathy to osteopathic physician assistants certified or otherwise eligible for certification under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for and the remainder of the licensing period, and renewed consistent with the boards other licensing requirements. The board shall develop application forms for the special certificate provided in this subsection which shall contain the osteopathic physician assistant's acknowledgment that:

(1) The osteopathic physician assistant's practice under the special volunteer osteopathic physician assistant certificate will be exclusively devoted to providing osteopathic care to needy and indigent persons in West Virginia;

(2) The osteopathic physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any osteopathic services rendered under the special volunteer osteopathic physician assistant certificate;

(3) The osteopathic physician assistant will supply any supporting documentation that the board may reasonably require; and

(4) The osteopathic physician assistant agrees to continue to participate in continuing education as required by the board for a special volunteer osteopathic physician assistant license.

(b) Any osteopathic physician assistant who renders any osteopathic service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer osteopathic physician assistant certificate authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the osteopathic service at the clinic unless the act or omission was the result of the osteopathic physician assistant's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the osteopathic physician assistant and the clinic pursuant to which the osteopathic physician assistant will provide voluntary uncompensated medical services under the control of the clinic to patients of the clinic before the rendering of any services by the osteopathic physician assistant at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.

(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of an osteopathic physician assistant rendering voluntary medical services at or for the clinic under a special volunteer osteopathic physician assistant certificate authorized under subsection (a) of this section.

(d) For purposes of this section, "otherwise eligible for certification" means the satisfaction of all the requirements for certification as listed in section one of this article and in the legislative rules promulgated thereunder. The term does not include the fee requirement of section three of this article or of legislative rules promulgated by the board relating to fees.

(e) Nothing in this section may be construed as requiring the board to issue a special volunteer osteopathic physician assistant certificate to any osteopathic physician assistant whose certificate is or has been subject to any disciplinary action or to any osteopathic physician assistant who has surrendered an osteopathic physician assistant certificate or caused such certificate to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her certificate, or who has elected to place an osteopathic physician assistant certificate in inactive status in lieu of having a complaint initiated or other action taken against his or her certificate, or who has been denied an osteopathic physician assistant certificate.

(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any osteopathic physician assistant covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by an osteopathic physician assistant who holds a special volunteer osteopathic physician assistant certificate.