Multiple Amendments Enacted During the 2009 Legislative Session Version 1 (as amended by Laws 2009, HB 2093, c. 106, § 1, eff. November 1, 2009, as amended by Laws 2009, SB 353, c. 313, § 2, emerg. eff. July 1, 2009 (repealed by Laws 2010, SB 2113, c. 2, § 105, emerg. eff. March 3, 2010))

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.

   Version 2 (as amended by Laws 2009, HB 2093, c. 106, § 1, eff. November 1, 2009, as amended by Laws 2009, HB 1481, c. 247, § 2, eff. November 1, 2009 (repealed by Laws 2010, SB 2113, c. 2, § 104, emerg. eff. March 3, 2010))

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

10. B. Any 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;
    4. 4. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer professional; and

    5. 5. Before the volunteer medical professional provides professional medical services, the volunteer medical professional and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person’s parent, conservator, legal guardian, or other person with legal responsibility for the care of the person signs a written statement that acknowledges:

       1. a. that the volunteer medical professional providing professional medical services has no expectation of and will receive no compensation of any kind for providing the professional medical services, and
       2. b. an understanding of the limitations on the recovery of damages from the volunteer medical professional in exchange for receiving free professional medical services.

11. 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;
    4. 4. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the referred volunteer professional; and

    5. 5. Before the referred volunteer medical professional provides professional services, the referred volunteer medical professional and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person’s parent, conservator, legal guardian, or other person with legal responsibility for the care of the person signs a written statement that acknowledges:

       1. a. that the referred volunteer medical professional providing professional medical services has no expectation of and will receive no compensation of any kind for providing the professional medical services, and
       2. b. an understanding of the limitations on the recovery of damages from the volunteer medical professional in exchange for receiving free professional medical services.
12. 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.
13. 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.

14. 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.

15. 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.

16. H. This section shall apply to all civil actions filed on or after November 1, 2004.

    Version 3 (as amended by Laws 2009, HB 2093, c. 106, § 1, eff. November 1, 2009, as amended by Laws 2009, HB 1678, c. 255, § 2, eff. November 1, 2009)

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

18. B. Any volunteer professional or volunteer health practitioner 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 or volunteer health practitioner resulting in damage or injury if:

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

    5. 5. Before the volunteer professional or volunteer health practitioner provides services, the volunteer professional and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person’s parent, conservator, legal guardian, or other person with legal responsibility for the care of the person signs a written statement that acknowledges:

       1. a. that the volunteer professional or volunteer health practitioner providing services has no expectation of and will receive no compensation of any kind for providing the services, and
       2. b. an understanding of the limitations on the recovery of damages from the volunteer professional or volunteer health practitioner in exchange for receiving free services.

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

    1. 1. The referred volunteer professional or volunteer health practitioner provides services without receiving any compensation for the treatment;
    2. 2. The referred volunteer professional or volunteer health practitioner was acting in good faith and, if licensed, the services provided were within the scope of the license of the referred volunteer professional or volunteer health practitioner;
    3. 3. The referred volunteer professional or volunteer health practitioner commits the act or omission in the course of providing services;
    4. 4. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the referred volunteer professional or volunteer health practitioner; and

    5. 5. Before the referred volunteer professional or volunteer health practitioner provides services, the referred volunteer professional or volunteer health practitioner and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person’s parent, conservator, legal guardian, or other person with legal responsibility for the care of the person signs a written statement that acknowledges:

       1. a. that the referred volunteer professional or volunteer health practitioner providing services has no expectation of and will receive no compensation of any kind for providing the services, and
       2. b. an understanding of the limitations on the recovery of damages from the volunteer professional or volunteer health practitioner in exchange for receiving free services.
20. 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 or volunteer health practitioner.
21. 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 or volunteer health practitioner, and does not confer any immunity to any person for actions taken by the volunteer professional or volunteer health practitioner prior to or after the rendering of the service, care, assistance, advice or other benefit as a volunteer professional or volunteer health practitioner.

22. 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 practice nurse 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.

23. G. For the purposes of this section, the term "volunteer health practitioner" and "referred volunteer health practitioner" means a person who voluntarily provides health-related services without compensation or expectation of compensation of any kind. A volunteer health practitioner or referred volunteer health practitioner shall include the following:

    1. 1. Certified nurse aide;
    2. 2. Chiropractor;
    3. 3. Dental assistant;
    4. 4. Dental technician;
    5. 5. Dietitian/nutritionist;
    6. 6. Emergency medical technician;
    7. 7. Licensed alcohol and drug counselor;
    8. 8. Licensed behavioral practitioner;
    9. 9. Licensed clinical social worker;
    10. 10. Licensed practical nurse;
    11. 11. Licensed professional counselor;
    12. 12. Marital/family therapist;
    13. 13. Medical assistant;
    14. 14. Medical laboratory technologist;
    15. 15. Medical technician;
    16. 16. Nuclear medicine technologist;
    17. 17. Occupational therapist;
    18. 18. Orthopedic technologist;
    19. 19. Paramedic;
    20. 20. Pharmacy technician;
    21. 21. Physical therapist;
    22. 22. Psychologist;
    23. 23. Radiology technician/technologist;
    24. 24. Respiratory therapist;
    25. 25. Sonographer;
    26. 26. Speech/language pathologist;
    27. 27. Veterinarian; and

    28. 28. Veterinary technician.

        A volunteer health practitioner shall be engaged as an active health practitioner or retired from a health-related practice if still eligible to provide health-related services within this state.

24. H. Any person or entity participating in a the Oklahoma 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, disaster drills, or other activities designed to strengthen emergency response that are endorsed by a city-county health department, county health department or the 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 Oklahoma Medical Reserve Corps; and
    2. 2. The acts or omissions were not caused from gross, willful, or wanton acts of negligence.

25. I. This section shall apply to all civil actions filed on or after:

    1. 1. November 1, 2004, for those persons listed in subsection F of this section; and
    2. 2. November 1, 2009, for all other persons listed in subsection G of this section.

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 (repealed by Laws 2010, SB 2113, c. 2, § 105, emerg. eff. March 3, 2010) (superseded document available); Amended by Laws 2009, HB 1481, c. 247, § 2, eff. November 1, 2009 (repealed by Laws 2010, SB 2113, c. 2, § 104, emerg. eff. March 3, 2010); Amended by Laws 2009, HB 1678, c. 255, § 2, eff. November 1, 2009 (superseded document available).