Bill > A2721

Introduced Session

This bill, which is designated as the "Volunteer Medical Professional Health Care Act," provides that a physician or dentist who is certified as a volunteer medical professional by the Department of Health (DOH) is immune from civil liability in accordance with its provisions. In order to be certified as a volunteer medical professional and receive civil immunity under the bill, an individual must, at the time of application for certification:· be a physician or dentist licensed to practice in New Jersey;· be deemed to be an employee of the federal Public Health Service as a free clinic health professional providing qualifying health services pursuant to section 224 of the "Public Health Service Act," (42 U.S.C. s.233); and· have provided at least four hours of qualifying health services at a free clinic or a free clinic offsite program each week for four consecutive weeks within the calendar quarter of application. In order to maintain certification as a volunteer medical professional, an individual must: · continue to meet the State licensure requirement;· continue to be deemed as an employee of the federal Public Health Service as a free clinic health professional; and· provide a total of at least 48 hours per calendar quarter of qualifying health services (equivalent to approximately four hours per week) at a free clinic or a free clinic offsite program. Physicians and dentists seeking and maintaining certification, and medical directors of free clinics, as applicable, are required to provide DOH with documentation certifying that the above criteria have been met. The bill provides that a volunteer medical professional certified by DOH is immune from civil liability for any personal injury or wrongful death that is a result of any act or omission in the course of providing care or treatment if the care or treatment was reasonably provided in good faith and the volunteer medical professional was acting within the scope of his practice, except that the immunity does not extend to an act or omission that was the result of gross negligence or willful or wanton misconduct. The exclusive remedy for injury or damage suffered as the result of any act or omission of the volunteer medical professional is by commencement of an action against the State in a court of competent jurisdiction. The bill takes effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Health is authorized to take prior administrative action as necessary for its implementation.

Committee Categories

Brian Bergen (R)*, 

Introduced, Referred to Assembly Health Committee (on 01/09/2024)

Official Document