08 LC 28
3817
Senate
Bill 346
By:
Senators Hudgens of the 47th, Hawkins of the 49th, Murphy of the 27th, Staton of
the 18th and Johnson of the 1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 51-1-29.4 of the Official Code of Georgia Annotated, relating
to liability of voluntary health care providers and sponsoring organizations, so
as to provide that medical care professionals who provide services at free
health clinics may receive compensation for their services from the free health
clinic without affecting their immunity from liability under certain
circumstances; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 51-1-29.4 of the Official Code of Georgia Annotated, relating to
liability of voluntary health care providers and sponsoring organizations, is
amended by revising subsection (b) as follows:
"(b)(1)
A free health clinic and its agents, employees, and volunteers when acting
within the scope of that relationship shall not be liable to a patient for
ordinary negligence which proximately causes injury to or the death of that
patient if the services provided to that patient were free of any charge and the
free health clinic and the medical care professional whose services are at issue
neither received nor expected to receive any payment or other compensation or
financial benefit for providing care to that
patient;
provided, however, that the medical care professional may receive compensation
for his or her services from the free health
clinic.
(2)
A licensed hospital, public school, or nonprofit organization which requests,
sponsors, or participates in providing the services of a free health clinic
shall not be liable to a patient for ordinary negligence which proximately
causes injury to or the death of that patient if the services requested,
sponsored, or provided to that patient were free of any charge and the free
health clinic, the medical care professional whose services are at issue, the
licensed hospital, the public school, or the nonprofit organization did not
receive or expect to receive any payment or other compensation or financial
benefit for providing care to that
patient;
provided, however, that the medical care professional may receive compensation
for his or her services from the free health
clinic.
(3)
The immunity granted under this Code section shall not waive or affect and is
cumulative of any existing immunity from any other source."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.