Idaho Code 39-7703 – Immunity From Liability for Health Care Providers Providing Charitable Medical Care
Current as of: 2023 | Check for updates
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(1) Any health care provider who voluntarily provides needed medical or health care services to any person at a free medical clinic or who provides health screenings at a community health screening event without compensation or the expectation of compensation shall be immune from liability for any civil action arising out of the provision of such medical or health services. This section shall not extend immunity to the health care provider for any acts constituting intentional, willful or grossly negligent conduct or to acts by a health care provider that are outside the scope of practice authorized by the provider’s licensure, certification or registration.
(2) Immunity pursuant to subsection (1) of this section shall apply only if the health care provider and the patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of compensation and that the health care provider shall be immune as specified herein.
Terms Used In Idaho Code 39-7703
- Community health screening event: means an event sponsored by a school, a church, a civic club or another community organization for the purpose of providing health screenings by health care providers who are not compensated for their volunteer service at the event. See Idaho Code 39-7702
- Compensation: means any remuneration, whether by way of salary, fee or otherwise, for health care services rendered. See Idaho Code 39-7702
- Free medical clinic: means a facility other than a hospital or health care provider’s office which is an organized community-based program, registered with the department of health and welfare, at which primary medical care is provided without charge to individuals unable to pay for it, and at which the care provided does not include the use of general anesthesia or require an overnight stay in a health care facility. See Idaho Code 39-7702
- Health care provider: means any physician, dentist, optometrist, physician assistant, nurse, or other person who is licensed, certified, or registered under title 54, Idaho Code, to provide health care or other professional services or who is otherwise authorized to practice in Idaho. See Idaho Code 39-7702
- Health screening: means an examination, an evaluation or another health care assessment of a person by a licensed health care provider practicing within the provider’s scope of practice to determine the fitness of an individual to participate in an event or activity or to determine whether an individual needs additional health care evaluation or treatment. See Idaho Code 39-7702
- person: includes a corporation as well as a natural person;
Idaho Code 73-114
(3) Nothing in this section shall prohibit a free medical clinic from accepting voluntary contributions for health care services provided to a patient who has acknowledged his or her ability and willingness to pay a portion of the value of the health care services provided. Any voluntary contribution collected for providing care at a free medical clinic shall be used only to pay overhead expenses of operating the clinic. No portion of any moneys collected shall be used to provide compensation to any health care provider.
(4) If a health care provider is insured for liability for negligent acts or omissions arising from providing health care services at a free clinic, the immunity provided in subsection (1) of this section is waived, provided however, the amount recovered shall not exceed the limits of such applicable insurance coverage.