1. A. This section shall be known and may be cited as the "Volunteer Professional Services Immunity Act".

2. B. Any volunteer professional and any organization that arranges for the care given by the volunteer professional shall be immune from liability in a civil action on the basis of any act or omission of the volunteer professional resulting in damage or injury if:

   1. 1. The volunteer professional services were provided at a free clinic where neither the professional nor the clinic receives any kind of compensation for any treatment provided at the clinic;
   2. 2. The volunteer professional was acting in good faith and, if licensed, the services provided were within the scope of the license of the volunteer professional;
   3. 3. The volunteer professional commits the act or omission in the course of providing professional services; and
   4. 4. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer professional.

3. C. In the event the volunteer professional refers the patient covered by this section to another volunteer professional for additional treatment, the referred volunteer professional shall be subject to the provisions of this section if:

   1. 1. The referred volunteer professional provides services without receiving any compensation for the treatment;
   2. 2. The referred volunteer professional was acting in good faith and, if licensed, the services provided were within the scope of the license of the referred volunteer professional;
   3. 3. The referred volunteer professional commits the act or omission in the course of providing professional services; and
   4. 4. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the referred volunteer professional.
4. D. The provisions of this section shall not affect the liability that any person may have which arises from the operation of a motor vehicle, watercraft, or aircraft in rendering the service, care, assistance, advice or other benefit as a volunteer professional.
5. E. The immunity from civil liability provided by this section shall extend only to the actions taken by a person rendering the service, care, assistance, advice or other benefit as a volunteer professional, and does not confer any immunity to any person for actions taken by the volunteer professional prior to or after the rendering of the service, care, assistance, advice or other benefit as a volunteer professional.

6. F. For the purpose of this section, the term "volunteer professional" and "referred volunteer professional" means a person who voluntarily provides professional medically related services without compensation or expectation of compensation of any kind. A volunteer professional or a referred volunteer professional shall include the following licensed professionals, including those persons licensed in accordance with Section 493.5 of Title 59 of the Oklahoma Statutes:

   1. 1. Physician;
   2. 2. Physician assistant;
   3. 3. Registered nurse;
   4. 4. Advanced nurse practitioner or vocational nurse;
   5. 5. Pharmacist;
   6. 6. Podiatrist;
   7. 7. Dentist or dental hygienist; or

   8. 8. Optometrist.

      A volunteer professional shall be engaged in the active practice of a medical professional or retired from a medically related profession, if still eligible to provide medically related professional services within this state.

7. G. Any person or entity participating in a Medical Reserve Corps and assisting with emergency management, emergency operations, or hazard mitigation in response to any emergency, man-made disaster, or natural disaster, or participating as authorized in public health initiatives endorsed by a city, county or state health department in the State of Oklahoma, shall not be liable for civil damages on the basis of any act or omission, if:

   1. 1. The person was acting in good faith and within the scope of the official duties and functions of the Medical Reserve Corps; and
   2. 2. The acts or omissions were not caused from gross, willful, or wanton acts of negligence.
8. H. This section shall apply to all civil actions filed on or after November 1, 2004.

Laws 2004, HB 2661, c. 368, § 34, eff. November 1, 2004; Amended by Laws 2009, HB 2093, c. 106, § 1, eff. November 1, 2009; Amended by Laws 2009, SB 353, c. 313, § 2, emerg. eff. July 1, 2009 (superseded document available).