(a)

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Terms Used In Tennessee Code 63-6-708

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Free clinic: means a not for profit, out-patient, nonhospital facility in which a health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party. See Tennessee Code 63-6-703
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Sponsoring organization: means any organization that organizes or arranges for the voluntary provision of health care services and that registers with the department of health as a sponsoring organization in accordance with §. See Tennessee Code 63-6-703
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Voluntary provision of health care services: means the providing of professional health care services by the health care provider either without charge to the recipient of the services or to a third party, or recipients are charged on a sliding scale according to income. See Tennessee Code 63-6-703
(1) No person who is licensed, certified or authorized by the board of any of the professions of the healing arts, as enumerated in this title, shall be liable for any civil damages for any act or omission resulting from the rendering of such services, unless the act or omission was the result of such person’s gross negligence or willful misconduct if the person:

(A) Is engaging in the voluntary provision of health care services within the limits of the person’s license, certification or authorization; and
(B) The services are delivered to any patient of:

(i) A sponsoring organization; or
(ii) A free clinic.
(2) The volunteer licensee who is providing free care shall not receive compensation of any type, directly or indirectly, or any benefits of any type whatsoever, or any consideration of any nature, from anyone for the free care. Nor shall such services be part of the provider’s training or assignment.
(3) The volunteer licensee must be acting within the scope of such license, certification or authority.
(4) A health care licensee providing free health care shall not engage in activities at a clinic or at the health care licensee’s office, if the activities are performed on behalf of the sponsoring organization, unless those activities are authorized by the appropriate authorities to be performed at the clinic or office and the clinic or office is in compliance with all applicable rules and regulations.
(b) For purposes of this section, any commissioned or contract medical officer or dentist serving on active duty in the United States armed forces and assigned to duty as a practicing, commissioned or contract medical officer or dentist at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this part.
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