05 LC 33
0718S
House
Bill 166 (COMMITTEE SUBSTITUTE)
By:
Representatives Channell of the
116th,
Keen of the
179th,
Fleming of the
117th,
Cooper of the
41st,
Brown of the
69th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating
to the care and protection of indigent and elderly patients, so as to enact the
"'Health Share' Volunteers in Medicine Act"; to provide for a short title; to
provide for legislative findings; to provide for definitions; to provide for
contracts between health care providers and governmental contractors; to provide
uncompensated health care services to low-income persons; to provide for notice
requirements to patients; to provide for volunteers providing support services;
to provide for applicability of benefits; to provide for a report on claim
statistics; to provide for an annual report by the Department of Community
Health to certain legislative officers; to provide for liability coverage for
claims and defense of litigation; to provide for the establishment of rules and
regulations; to provide for applicability; to amend Chapter 9 of Title 34 of the
Official Code of Georgia Annotated, relating to
workerś
compensation, so as to revise the definition of "employee"; to change certain
provisions relating to basis and method for computing compensation; to amend
Title 43 of the Official Code of Georgia Annotated, relating to professions and
businesses, so as to revise certain provisions relating to the "Georgia
Volunteers in Health Care Specialties Act"; to revise certain provisions
relating to the "Georgia Volunteers in Dentistry Act"; to revise certain
provisions relating to the "Georgia Volunteers in Medicine Health Care Act"; to
amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia
Annotated, relating to state tort claims, so as to revise the definition of
"state officer or employee"; to change certain provisions relating to trial of
actions and limitations on amounts of damages; to provide for related matters;
to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 31 of the Official Code of Georgia Annotated, relating to the care
and protection of indigent and elderly patients, is amended by adding at the end
thereof a new Article 8 to read as follows:
"ARTICLE
8
31-8-190.
This
article shall be known and may be cited as the '"Health Share" Volunteers in
Medicine Act.'
31-8-191.
The
General Assembly finds that a significant proportion of the residents of this
state who are uninsured or Medicaid recipients are unable to access needed
health care because health care providers fear the increased risk of medical
negligence liability. It is the intent of the General Assembly that access to
medical care for indigent residents be improved by providing governmental
protection to health care providers who offer free quality medical services to
underserved populations of the state. Therefore, it is the intent of the General
Assembly to ensure that health care professionals who contract to provide such
services as agents of the state are provided sovereign immunity.
31-8-192.
As
used in this article, the term:
(1)
'Contract' means an agreement executed in compliance with this article between a
health care provider and a governmental contractor. This contract shall allow
the health care provider to deliver health care services to low-income
recipients as an agent of the governmental contractor. The contract must be for
volunteer, uncompensated services. Payments made to a health care provider from
the Indigent Care Trust Fund shall not constitute compensation under this
Article.
(2)
'Department' means the Department of Community Health.
(3)
'Governmental contractor' means the department, county health departments, or a
hospital, nursing home, or community health care facility owned or operated by a
governmental entity.
(4)
'Health care provider' or 'provider' means:
(A)
An ambulatory surgical center licensed under Article 1 of Chapter 7 this
title;
(B)
A hospital or nursing home licensed under Article 1 of Chapter 7 of this
title;
(C)
A physician or physician assistant licensed under Article 2 of Chapter 34 of
Title 43;
(D)
An osteopathic physician or osteopathic physician assistant licensed under
Article 2 of Chapter 34 of Title 43;
(E)
A chiropractic physician licensed under Chapter 9 of Title 43;
(F)
A podiatric physician licensed under Chapter 35 of Title 43;
(F.1)
A physical therapist licensed under Chapter 33 of Title 43;
(G)
A registered nurse, nurse midwife, licensed practical nurse, or advanced
registered nurse practitioner licensed or registered under Chapter 26 of Title
43 or any facility which employs nurses licensed or registered under Chapter 26
of Title 43 to supply all or part of the care delivered under this
article;
(H)
A midwife certified under Chapter 26 of this title;
(I)
A health maintenance organization certificated under Chapter 21 of Title
33;
(J)
A professional association, professional corporation, limited liability company,
limited liability partnership, or other entity which provides or has members
which provide health care services;
(K)
Any other medical facility the primary purpose of which is to deliver human
medical diagnostic services or which delivers nonsurgical human medical
treatment and which includes an office maintained by a provider;
(L)
A dentist or dental hygienist licensed under Chapter 11 of Title 43;
or
(M)
Any other health care professional, practitioner, provider, or facility under
contract with a governmental contractor, including a student enrolled in an
accredited program that prepares the student for licensure as any one of the
professionals listed in subparagraphs (C) through (H) of this
paragraph.
The
term includes any nonprofit corporation qualified as exempt from federal income
taxation under Section 501(c) of the Internal Revenue Code which delivers health
care services provided by licensed professionals listed in this paragraph, any
federally funded community health center, and any volunteer corporation or
volunteer health care provider that delivers health care services.
(5)
'Low-income' means:
(A)
A person who is Medicaid eligible under the laws of this state;
(B)
A person:
(i)
Who is without health insurance; or
(ii)
Who has health insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget;
(C)
A person:
(i)
Who is without dental insurance; or
(ii)
Who has dental insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget; or
(D)
Any client or beneficiary of the department or the Department of Human Resources
who voluntarily chooses to participate in a program offered or approved by the
department or the Department of Human Resources and meets the program
eligibility guidelines of the department or the Department of Human
Resources.
(6)
'Occasional-service volunteer' means a volunteer who provides one-time or
occasional volunteer service.
(7)
'Regular-service volunteer' means a volunteer engaged in specific voluntary
service activities on an ongoing or continuous basis.
(8)
'Volunteer' means any person who, of his or her own free will, provides goods or
services in support of or in assistance to the program of health care services
provided pursuant to this article to any governmental contractor, with no
monetary or material compensation. This term shall not include a health care
provider.
31-8-193.
(a)
A health care provider that executes a contract with a governmental contractor
to deliver health care services on or after July 1, 2005, as an agent of the
governmental contractor shall be considered a state officer or employee for
purposes of Article 2 of Chapter 21 of Title 50, while acting within the scope
of duties pursuant to the contract, if the contract complies with the
requirements of this article and regardless of whether the individual treated is
later found to be ineligible. A health care provider acting under the terms of a
contract with a governmental contractor may not be named as a defendant in any
action arising out of the medical care or treatment provided on or after July 1,
2005, pursuant to contracts entered into under this article. The contract must
provide that:
(1)
The right of dismissal or termination of any health care provider delivering
services pursuant to the contract is retained by the governmental
contractor;
(2)
The governmental contractor has access to the patient records of patients
provided services pursuant to this article of any health care provider
delivering services pursuant to the contract;
(3)
Adverse incidents and information on treatment outcomes, as defined by the
department and in accordance with the rules and regulations of the Department of
Human Resources, must be reported by any health care provider to the
governmental contractor if such incidents and information pertain to a patient
treated pursuant to the contract. If an incident involves a licensed
professional or a licensed facility, the governmental contractor shall submit
such incident reports to the appropriate department, agency, or board, which
shall review each incident and determine whether it involves conduct by the
licensee that is subject to disciplinary action. All patient medical records and
any identifying information contained in adverse incident reports and treatment
outcomes which are obtained by governmental entities pursuant to this paragraph
are confidential and exempt from the provisions of Article 4 of Chapter 18 of
Title 50;
(4)
The health care provider shall provide services to patients on a walk-in and
referral basis, in accordance with the terms of the contract. The provider must
accept all referred patients; provided, however, that the number of patients
that must be accepted may be limited under the terms of the
contract.
(5)
The health care provider shall not provide services to a patient unless such
patient has received and signed the notice required in Code Section 31-8-194;
provided, however, in cases of emergency care, the
patient́s
legal representative shall be required to receive and sign the notice, or if
such individual is unavailable, such patient shall receive and sign the notice
within 48 hours after the patient has the mental capacity to consent to
treatment.
(6)
Patient care and health care services shall be provided in accordance with the
terms of the contract and with rules and regulations as established by the
department pursuant to this article. Experimental procedures and clinically
unproven procedures shall not be provided or performed pursuant to this article.
The governmental contractor may reserve the right to approve through written
protocols any specialty care services and hospitalization, except emergency care
as provided for in paragraph (5) of this subsection.
(7)
The provider is subject to supervision and regular inspection by the
governmental contractor.
(b)
In order to enter into a contract under this Code section, a health care
provider shall:
(1)
Have a current valid Georgia health professional license;
(2)
Not be under probation or suspension by the applicable licensing board or
intermediate sanction by the Centers for Medicare and Medicaid Services for
medicare or Medicaid violations; and
(3)
Submit to a credentialing process to determine acceptability of
participation.
(c)
A governmental contractor that is also a health care provider is not required to
enter into a contract under this article with respect to the health care
services delivered by its employees.
(d)
The provider shall not subcontract for the provision of services under this
chapter.
(e)
A contract entered into pursuant to this Code section shall be effective for all
services provided by the health care provider pursuant to this chapter, without
regard to when the services are performed.
31-8-194.
The
governmental contractor or the health care provider if designated in the
contract must provide written notice to each patient or the
patient́s
legal representative, receipt of which must be acknowledged in writing, that the
provider is a state employee or officer for purposes of this article and that
the exclusive remedy for injury or damage suffered as the result of any act or
omission of a provider acting within the scope of duties pursuant to a contract
is by commencement of an action pursuant to the provisions of Article 2 of
Chapter 21 of Title 50 and that a remedy or remedies for injury or damage
suffered as the result of any act or omission of a provider acting outside the
scope of duties shall be as provided for under general tort law or other
applicable law.
31-8-195.
(a)
Every governmental contractor is authorized to recruit, train, and accept the
services of volunteers, including regular-service volunteers and
occasional-service volunteers in support of or in assistance to the program of
health care services provided pursuant to this article to provide services,
including but not limited to clerical, computer, and administrative
support.
(b)
Each governmental contractor utilizing the services of volunteers pursuant to
this Code section shall:
(1)
Take such actions as are necessary to ensure that volunteers understand their
duties and responsibilities;
(2)
Take such actions as are necessary to ensure that volunteers are made aware of
and follow all applicable health and safety rules, regulations, and procedures;
and
(3)
Take such actions as are necessary to ensure that volunteers are provided
appropriate oversight and guidance in the performance of their volunteer
service.
(c)
Volunteers shall have limited liability in accordance with Article 2 of Chapter
21 of Title 50 while performing services pursuant to this Code
section.
31-8-196.
(a)
Health care providers and volunteers recruited, trained, or accepted under this
article shall not be subject to any provisions of the laws of this state
relating to state employment, collective bargaining, hours of work, rates of
compensation, leave time, or employee benefits. However, all health care
providers and volunteers shall comply with applicable department or agency rules
and regulations. Health care providers who are individuals and volunteers shall
be considered as unpaid independent volunteers and shall not be entitled to
unemployment compensation.
(b)
Health care providers who are individuals and volunteers shall be covered by
workerś
compensation in accordance with Chapter 9 of Title 34.
31-8-197.
The
Department of Administrative Services shall annually compile a report of all
claims statistics which shall include the number and total of all claims pending
and paid, and defense and handling costs associated with all claims brought
against contract providers under this article. This report shall be forwarded to
the department and included in the annual report submitted to the General
Assembly pursuant to Code Section 31-8-198.
31-8-198.
Annually,
the department shall report to the President of the Senate, the Speaker of the
House of Representatives, the minority leaders of each house, and chairpersons
of the House Health and Human Services Committee and the Senate Health and Human
Services Committee, summarizing the efficacy of access and treatment outcomes
with respect to providing health care services for low-income persons pursuant
to this article.
31-8-199.
The
department shall be responsible for and shall pay such amounts as determined by
the Department of Administrative Services for insurance premiums for liability
coverage for the cost of claims and defense against litigation arising out of
health care services delivered pursuant to this article. The department shall
be responsible for submitting to the Department of Administrative Services all
underwriting information requested by and all insurance premiums assessed by the
Department of Administrative Services. The department shall annually report to
the Department of Administrative Services the number and type of providers who
have entered into a contract pursuant to this article.
31-8-200.
The
department shall adopt rules and regulations to administer this article in a
manner consistent with its purpose to provide and facilitate access to
appropriate, safe, and cost-effective health care services and to maintain
health care quality. All governmental contractors and providers shall be subject
to such rules and regulations. The rules may include services to be provided and
authorized procedures.
31-8-201.
This
article applies to incidents occurring on or after July 1, 2005. Nothing in this
article in any way reduces or limits the rights of the state or any of its
agencies or subdivisions to any benefit currently provided under Article 2 of
Chapter 21 of Title
50."
SECTION
2.
Chapter
9 of Title 34 of the Official Code of Georgia Annotated, relating to
workerś
compensation, is amended in Code Section 34-9-1, relating to definitions, by
striking paragraph (2) and inserting in lieu thereof the following:
"(2)
'Employee' means every person in the service of another under any contract of
hire or apprenticeship, written or implied, except a person whose employment is
not in the usual course of the trade, business, occupation, or profession of the
employer; and, except as otherwise provided in this chapter, minors are included
even though working in violation of any child labor law or other similar
statute; provided, however, that nothing contained in this chapter shall be
construed as repealing or altering any such law or statute. Any reference to any
employee who has been injured shall, if the employee dies, include such
employeés
legal representatives, dependents, and other persons to whom compensation may be
payable pursuant to this chapter. All firefighters, law enforcement personnel,
and personnel of emergency management or civil defense agencies, emergency
medical services, and rescue organizations whose compensation is paid by the
state or any county or municipality, regardless of the method of appointment,
and all full-time county employees and employees of elected salaried county
officials are specifically included in this definition. There shall also be
included within such term any volunteer firefighter of any county or
municipality of this state, but only for services rendered in such capacity
which are not prohibited by Code Section 38-3-36 and only if the governing
authority of the county or municipality for which such services are rendered
shall provide by appropriate resolution for inclusion of such volunteer
firefighters; any volunteer law enforcement personnel of any county or
municipality of this state who are certified by the Georgia Peace Officer
Standards and Training Council, for volunteer law enforcement services rendered
in such capacity which are not prohibited by Code Section 38-3-36 and only if
the governing authority of the county or municipality for which such services
are rendered shall provide by appropriate resolution for inclusion of such
volunteer law enforcement personnel; any person who is a volunteer member or
worker of an emergency management or civil defense organization, emergency
medical service, or rescue organization, whether governmental or not, of any
county or municipality of this state for volunteer services, which are not
prohibited by Code Section 38-3-36, rendered in such capacity and only if the
governing authority of the county or municipality for which such services are
rendered shall provide by appropriate resolution for inclusion of such volunteer
members or workers;
any person who
is a health care provider or volunteer pursuant to Article 8 of Chapter 8 of
Title 31; and any person certified by the
Department of Human Resources or the Composite State Board of Medical Examiners
and registered with any county or municipality of this state as a medical first
responder for any volunteer first responder services rendered in such capacity,
which are not prohibited by Code Section 38-3-36 and only if the governing
authority of the county or municipality for which such services are rendered
shall provide by appropriate resolution for inclusion of such responders. The
various elected county officers and elected members of the governing authority
of an individual county shall also be included in this definition, if the
governing authority of said county shall provide therefor by appropriate
resolution. For the purposes of
workerś
compensation coverage, employees of county and district health agencies
established under Chapter 3 of Title 31 are deemed and shall be considered
employees of the State of Georgia and employees of community service boards
established under Chapter 2 of Title 37 shall be considered to be employees of
the state. For the purpose of
workerś
compensation coverage, members of the Georgia National Guard and the State
Defense Force serving on state active duty pursuant to an order by the Governor
are deemed and shall be considered to be employees of this state. A person shall
be an independent contractor and not an employee if such person has a written
contract as an independent contractor and if such person buys a product and
resells it, receiving no other compensation, or provides an agricultural service
or such person otherwise qualifies as an independent contractor. Notwithstanding
the foregoing provisions of this paragraph, any officer of a corporation may
elect to be exempt from coverage under this chapter by filing written
certification of such election with the insurer or, if there is no insurer, the
State Board of
Workerś
Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter,
an owner-operator as such term is defined in Code Section 40-2-87 shall be
deemed to be an independent contractor. Inmates or persons participating in a
work release program, community service program, or similar program as part of
the punishment for violation of a municipal ordinance pursuant to Code Section
36-32-5 or a county ordinance or a state law shall not be deemed to be an
employee while participating in work or training or while going to and from the
work site or training site, unless such inmate or person is employed for private
gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the
municipality or county had voluntarily established a policy, on or before
January 1, 1993, to provide
workerś
compensation benefits to such
individuals."
SECTION
3.
Said
chapter is further amended by striking Code Section 34-9-260, relating to basis
and method for computing compensation generally, and inserting in lieu thereof
the following:
"34-9-260.
Except
as otherwise provided in this chapter, the average weekly wages of the injured
employee at the time of the injury shall be taken as the basis upon which to
compute compensation and shall be determined, subject to limitations as to the
maximum and minimum amounts provided for in Code Sections 34-9-261 and 34-9-265,
as follows:
(1)
If the injured employee shall have worked in the employment in which he
or
she was working at the time of the injury,
whether for the same or another employer, during substantially the whole of 13
weeks immediately preceding the injury, his
or
her average weekly wage shall be
one-thirteenth of the total amount of wages earned in such employment during the
13 weeks;
(2)
If the injured employee shall not have worked in such employment during
substantially the whole of 13 weeks immediately preceding the injury, the wages
of a similar employee in the same employment who has worked substantially the
whole of such 13 weeks shall be used in making the determination under the
preceding paragraph;
(3)
If either of the foregoing methods cannot reasonably and fairly be applied, the
full-time weekly wage of the injured employee shall be used;
(4)
If compensation is due for a fractional part of the week, the compensation for
such fractional part shall be determined by dividing the weekly compensation
rate by the number of days employed per week to compute the amount due for each
day;
(5)
If the injured employee is a volunteer firefighter included under this chapter
for volunteer fire-fighting services rendered to a county or municipality of
this state or a volunteer law enforcement officer included under this chapter
for volunteer law enforcement services rendered to a county or municipality of
this state, such
firefighteŕs
or volunteer law enforcement
officeŕs
average weekly wage shall be deemed to be the Georgia average weekly earnings of
production workers in manufacturing industries for the immediately preceding
calendar year, as published by the Georgia Department of Labor;
(6)
If the injured employee is a health care provider or volunteer pursuant to
Article 8 of Chapter 8 of Title 31 in the course of providing services for a
governmental contractor, as defined in Code Section 31-8-192, such health care
provideŕs
or
volunteeŕs
average weekly wage shall be deemed to be the Georgia average weekly earnings of
a health care professional or individual performing similar services for the
immediately preceding calendar year, as published by the Georgia Department of
Labor;
(6)(7)
The average weekly wage of a member of the Georgia National Guard or State
Defense Force serving on state active duty pursuant to an order by the Governor
shall be the greater of:
(A)
Seven-thirtieths of the monthly pay and allowances of the individual at the time
of the injury, computed in accordance with Code Section 38-2-250, adjusted from
time to time for appropriated increases in such monthly pay and allowances,
excluding longevity increases; or
(B)
If the injured member of the Georgia National Guard or the State Defense Force
worked at the time of the injury in any employment other than serving as a
member of the Georgia National Guard or the State Defense Force, the average
weekly wage of the individual in such other employment as determined pursuant to
paragraphs (1) through
(5)(6)
of this Code section or, if such individual worked at the time of the injury for
more than one employer, the average combined weekly wage of the individual in
such multiple employment as determined pursuant to paragraphs (1) through
(5)
(6)
of this Code
section."
SECTION
4.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by striking Code Section 43-1-28, relating to volunteers
in health care specialties, and inserting in lieu thereof the
following:
"43-1-28.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Health Care Specialties Act.'
(b)
As used in this Code section, the term:
(1)
'Health care board' means that professional licensing board which licenses a
health care practitioner under this title.
(2)
'Health care practitioner' means a chiropractor, registered professional nurse,
or
podiatrist,
optometrist, professional counselor, social worker, marriage and family
therapist, occupational therapist, physical therapist,
physiciańs
assistant, licensed practical nurse, or certified nurse
midwife.
(3)
'Health care specialty' means the practice of chiropractic, nursing,
or
podiatry,
optometry, professional counseling, social work, marriage and family therapy,
occupational therapy, physical therapy, physician assistance, or
midwifery.
(c)
Notwithstanding any other provision of law, each health care board may issue a
special license to qualifying health care practitioners whose health care
specialty is licensed by that board under the terms and conditions set forth in
this Code section. The special license may only be issued to a person
who:
(1)
Is currently licensed to practice the applicable health care specialty in any
health care specialty licensing jurisdiction in the United States and whose
license is in good standing; or
(2)
Is retired from the practice of the health care specialty
or, in the
case of a
physiciańs
assistant, has an inactive license and
is
not currently engaged in such practice either full time or part time and has,
prior to retirement
or attaining
inactive status, maintained full licensure
in good standing in the applicable health care specialty licensing jurisdiction
in the United States.
(d)
The special licensee shall be permitted to practice the health care specialty
only in the noncompensated employ of public agencies or institutions, not for
profit agencies, not for profit institutions, nonprofit corporations, or not for
profit associations which provide health care specialty services only to
indigent patients in areas which are underserved by that specialty or critical
need population areas of the state, as determined by the board which licenses
that
specialty, or
pursuant to Article 8 of Chapter 8 of Title
31.
(e)
The person applying for the special license under this Code section shall submit
to the appropriate health care board a copy of his or her health care specialty
degree, a copy of his or her health care specialty license in his or her current
or previous licensing and regulating jurisdiction, and a notarized statement
from the employing agency, institution, corporation,
or
association,
or health care program on a form
prescribed by that board, whereby he or she agrees unequivocally not to receive
compensation for any health care specialty services he or she may render while
in possession of the special license.
(f)
Examinations by the health care board, any application fees, and all licensure
and renewal fees may be waived for the holder of the special license under this
Code section.
(g)
If, at the time application is made for the special license, the health care
practitioner is not in compliance with the continuing education requirements
established by the health care board for the applicable health care specialty,
the health care practitioner shall be issued a nonrenewable temporary license to
practice for six months provided the applicant is otherwise qualified for such
license.
(h)(1)
Except as provided for in paragraph (2) of this subsection,
the
The
liability of persons practicing a health care specialty under and in compliance
with a special license issued under this Code section and the liability of their
employers for such practice shall be governed by Code Section 51-1-29.1, except
that a podiatrist engaged in such practice and an employer thereof shall have
the same immunity from liability as provided other health care practitioners
under Code Section 51-1-29.1.
(2)
The liability of persons practicing a health care specialty pursuant to Article
8 of Chapter 8 of Title 31 under and in compliance with a special license issued
under this Code section and the liability of their employers for such practice
shall be governed by the provisions of such article.
(i)
This Code section, being in derogation of the common law, shall be strictly
construed."
SECTION
5.
Said
title is further amended by striking Code Section 43-11-52, relating to
volunteers in dentistry, and inserting in lieu thereof the
following:
"43-11-52.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Dentistry and
Dental Hygiene Act.'
(b)
Notwithstanding any other provision of law, the board may issue a special
license to qualifying dentists
and dental
hygienists under the terms and conditions
set forth in this Code section and pursuant to requirements which may be set
forth in the rules and regulations of the board. The special license may only be
issued to a person who is retired from the practice of dentistry
or dental
hygiene and not currently engaged in such
practice either full time or part time and has, prior to retirement, maintained
full licensure in good standing in dentistry
or dental
hygiene in any state.
(c)
The special licensee shall be permitted to practice dentistry
or dental
hygiene only in the noncompensated employ
of public agencies or institutions, not for profit agencies, not for profit
institutions, nonprofit corporations, or not for profit associations which
provide dentistry
or dental
hygiene services only to indigent patients
in areas which are underserved by dentists
or dental
hygienists or critical need population
areas of the state, as determined by the
board, or
pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene
by a dental hygienist awarded a special license under this Code section shall be
governed by Code Section
43-11-74.
(d)
The person applying for the special license under this Code section shall submit
to the board a notarized statement from the employing agency, institution,
corporation,
or
association,
or health care program on a form
prescribed by the board, whereby he or she agrees unequivocally not to receive
compensation for any dentistry
or dental
hygiene services he or she may render
while in possession of the special license.
(e)
The examination by the board, any application fees, and all licensure and
renewal fees may be waived for the holder of the special license under this Code
section.
(f)
If, at the time application is made for the special license, the dentist
or dental
hygienist is not in compliance with the
continuing education requirements established by the board for dentists
or dental
hygienists in this state, the dentist
or dental
hygienist may be issued a nonrenewable
temporary license to practice for six months provided the applicant is otherwise
qualified for such license.
(g)(1)
Except as provided for in paragraph (2) of this subsection,
the
The
liability of persons practicing dentistry
or dental
hygiene under and in compliance with a
special license issued under this Code section and the liability of their
employers for such practice shall be governed by Code Section
51-1-29.1.
(2)
The liability of persons practicing dentistry or dental hygiene pursuant to
Article 8 of Chapter 8 of Title 31 under and in compliance with a special
license issued under this Code section shall be governed by the provisions of
such article.
(h)
This Code section, being in derogation of the common law, shall be strictly
construed.
(i)
Application for a license under this Code section shall constitute consent for
performance of a criminal background check. Each applicant who submits an
application to the board for licensure agrees to provide the board with any and
all information necessary to run a criminal background check, including but not
limited to classifiable sets of fingerprints. The applicant shall be
responsible for all fees associated with the performance of a background
check."
SECTION
6.
Said
title is further amended by striking Code Section 43-34-45.1, relating to
special licenses for volunteers, and inserting in lieu thereof the
following:
"43-34-45.1.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Medicine Health Care Act.'
(b)
Notwithstanding any other provision of law, the board may issue a special
license to qualifying physicians under the terms and conditions set forth in
this Code section. The special license may only be issued to a person
who:
(1)
Is currently licensed to practice medicine in any medical-licensing jurisdiction
in the United States and whose license is in good standing; or
(2)
Is retired from the practice of medicine and not currently engaged in such
practice either full time or part time and has, prior to retirement, maintained
full licensure in good standing in any medical-licensing jurisdiction in the
United States.
(c)
The special licensee shall be permitted to practice medicine only in the
noncompensated employ of public agencies or institutions or not for profit
agencies, not for profit institutions, nonprofit corporations, or not for profit
associations which provide medical services only to indigent patients in
medically underserved or critical need population areas of the state, as
determined by the
board, or
pursuant to Article 8 of Chapter 8 of Title
31.
(d)
The person applying for the special license under this Code section shall submit
to the board a copy of his or her medical degree, a copy of his or her license
in his or her current or previous licensing and regulating jurisdiction, and a
notarized statement from the employing agency, institution, corporation,
or
association,
or health care
program, on a form prescribed by the
board, whereby he or she agrees unequivocally not to receive compensation for
any medical services he or she may render while in possession of the special
license.
(e)
The examination by the board, any application fees, and all licensure and
renewal fees must be waived for the holder of the special license under this
Code section and do not apply to such person.
(f)
If at the time application is made for the special license the physician is not
in compliance with the continuing medical education requirements established by
the board, the physician shall be issued a nonrenewable temporary license to
practice for six months provided the applicant is otherwise qualified for such
license.
(g)(1)
Except as provided for in paragraph (2) of this subsection,
the
The
liability of persons practicing medicine under and in compliance with a special
license issued under this Code section and the liability of their employers for
such practice shall be governed by Code Section 51-1-29.1.
(2)
The liability of persons practicing medicine pursuant to Article 8 of Chapter 8
of Title 31 under and in compliance with a special license issued under this
Code section and the liability of their employers shall be governed by the
provisions of such article.
(h)
Nothing contained in this Code section shall be construed to authorize the
holder of the special license provided for in this Code section to perform
surgery or any surgical procedure.
(i)
This Code section, being in derogation of the common law, shall be strictly
construed."
SECTION
7.
Article
2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating
to state tort claims, is amended in Code Section 50-21-22, relating to
definitions, by striking paragraph (7) in its entirety and inserting in lieu
thereof the following:
"(7)
'State officer or employee' means an officer or employee of the state, elected
or appointed officials, law enforcement officers, and persons acting on behalf
or in service of the state in any official capacity, whether with or without
compensation, but the term does not include an independent contractor doing
business with the state. The term state officer or employee also includes any
natural person who is a member of a board, commission, committee, task force, or
similar body established to perform specific tasks or advisory functions, with
or without compensation, for the state or a state government entity, and any
natural person who is a volunteer participating as a volunteer, with or without
compensation, in a structured volunteer program organized, controlled, and
directed by a state government entity for the purposes of carrying out the
functions of the state entity.
This shall
include any health care provider and any volunteer when providing services
pursuant to Article 8 of Chapter 8 of Title
31. An employee shall also include foster
parents and foster children.
The
Except as
otherwise provided for in this paragraph,
the term shall not include a corporation
whether for profit or not for profit, or any private firm, business
proprietorship, company, trust, partnership, association, or other such private
entity."
SECTION
7A.
Said
article is further amended by striking Code Section 50-21-29, relating to trial
of actions and limitations on amounts of damages, in its entirety and inserting
in lieu thereof the following:
"50-21-29.
(a)
Trial of tort actions against the state under this article shall be conducted by
a judge with a jury; provided, however, the parties may agree that the same be
tried by a judge without a jury.
(b)(1)
Except as provided for in paragraph (2) of this subsection,
in
In
any action or claim for damages brought under the provisions of this article, no
person shall recover a sum exceeding $1 million because of loss arising from a
single occurrence, regardless of the number of state government entities
involved; and the
statés
aggregate liability per occurrence shall not exceed $3 million. The existence of
these caps on liability shall not be disclosed or suggested to the jury during
the trial of any action brought under this article.
(2)
In any action or claim for damages brought under the provisions of this article
pursuant to Article 8 of Chapter 8 of Title 31, the
statés
aggregate liability per occurrence shall not exceed any monetary limitation of
noneconomic damages as provided by law, regardless of the number of state
government entities involved. In the event no law exists which provides for
monetary limitations on noneconomic damages, the provisions of paragraph (1) of
this subsection shall apply. The existence of any cap on liability pursuant to
this paragraph shall not be disclosed or suggested to the jury during the trial
of any action brought under this
article."
SECTION
8.
This
Act shall become effective only if funds are specifically appropriated for
purposes of this Act. This Act shall become effective when funds as
appropriated become available for expenditure.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.