Oklahoma § 76-32 - Volunteer Professional Services Immunity Act

§ 76-32. Volunteer Professional Services Immunity Act

A. This section shall be known and may be cited as the

"Volunteer Professional Services Immunity Act".

Oklahoma Statutes - Title 76. Torts

B. As used in the Volunteer Professional Services Immunity Act,

"charitable clinic" means a nonprofit entity organized for the

purpose of providing health care services without charge or for a

minimal fee.

C. Any volunteer professional or volunteer health practitioner

and any organization that arranges for the care given by the

volunteer professional shall be immune from liability in a civil

action on the basis of any act or omission of the volunteer

professional or volunteer health practitioner resulting in damage or

injury if:

1. The volunteer professional or volunteer health practitioner

services were provided at a charitable clinic where the professional

or practitioner receives no compensation for any treatment provided

at the clinic;

2. The volunteer professional or volunteer health practitioner

was acting in good faith and, if licensed, the services provided

were within the scope of the license of the volunteer professional

or volunteer health practitioner;

3. The volunteer professional or volunteer health practitioner

commits the act or omission in the course of providing services; and

4. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the volunteer professional or

volunteer health practitioner.

D. In the event the volunteer professional or volunteer health

practitioner refers the patient covered by this section to another

volunteer professional or volunteer health practitioner for

additional treatment, the referred volunteer professional or

volunteer health practitioner shall be subject to the provisions of

this section if:

1. The referred volunteer professional or volunteer health

practitioner provides services without receiving any compensation

for the treatment;

2. The referred volunteer professional or volunteer health

practitioner was acting in good faith and, if licensed, the services

provided were within the scope of the license of the referred

volunteer professional or volunteer health practitioner;

3. The referred volunteer professional or volunteer health

practitioner commits the act or omission in the course of providing

services; and

4. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the referred volunteer professional

or volunteer health practitioner.

E. The provisions of this section shall not affect the

liability that any person may have which arises from the operation

of a motor vehicle, watercraft, or aircraft in rendering the

service, care, assistance, advice or other benefit as a volunteer

professional or volunteer health practitioner.

Oklahoma Statutes - Title 76. Torts

F. The immunity from civil liability provided by this section

shall extend only to the actions taken by a person rendering the

service, care, assistance, advice or other benefit as a volunteer

professional or volunteer health practitioner, and does not confer

any immunity to any person for actions taken by the volunteer

professional or volunteer health practitioner prior to or after the

rendering of the service, care, assistance, advice or other benefit

as a volunteer professional or volunteer health practitioner.

G. For the purpose of this section, the term "volunteer

professional" and "referred volunteer professional" means a person

who voluntarily provides professional medically related services

without compensation or expectation of compensation of any kind. A

volunteer professional or a referred volunteer professional shall

include the following licensed professionals, including those

persons licensed in accordance with Section 493.5 of Title 59 of the

Oklahoma Statutes:

1. Physician;

2. Physician assistant;

3. Registered nurse;

4. Advanced practice nurse or vocational nurse;

5. Pharmacist;

6. Podiatrist;

7. Dentist or dental hygienist; or

8. Optometrist.

A volunteer professional shall be engaged in the active practice of

a medical professional or retired from a medically related

profession, if still eligible to provide medically related

professional services within this state.

H. For the purposes of this section, the term "volunteer health

practitioner" and "referred volunteer health practitioner" means a

person who voluntarily provides health-related services without

compensation or expectation of compensation of any kind. A

volunteer health practitioner or referred volunteer health

practitioner shall include the following:

1. Certified nurse aide;

2. Chiropractor;

3. Dental assistant;

4. Dental technician;

5. Dietitian/nutritionist;

6. Emergency medical technician;

7. Licensed alcohol and drug counselor;

8. Licensed behavioral practitioner;

9. Licensed clinical social worker;

10. Licensed practical nurse;

11. Licensed professional counselor;

12. Marital/family therapist;

13. Medical assistant;

Oklahoma Statutes - Title 76. Torts

14. Medical laboratory technologist;

15. Medical technician;

16. Nuclear medicine technologist;

17. Occupational therapist;

18. Orthopedic technologist;

19. Paramedic;

20. Pharmacy technician;

21. Physical therapist;

22. Psychologist;

23. Radiology technician/technologist;

24. Respiratory therapist;

25. Sonographer;

26. Speech/language pathologist;

27. Veterinarian; and

28. Veterinary technician.

A volunteer health practitioner shall be engaged as an active

health practitioner or retired from a health-related practice if

still eligible to provide health-related services within this state.

I. Any person or entity participating in the Oklahoma Medical

Reserve Corps and assisting with emergency management, emergency

operations, or hazard mitigation in response to any emergency, manmade disaster, or natural disaster, or participating as authorized

in public health initiatives, disaster drills, or other activities

designed to strengthen emergency response that are endorsed by a

city-county health department, county health department or the state

health department in the State of Oklahoma, shall not be liable for

civil damages on the basis of any act or omission, if:

1. The person was acting in good faith and within the scope of

the official duties and functions of the Oklahoma Medical Reserve

Corps; and

2. The acts or omissions were not caused from gross, willful,

or wanton acts of negligence.

J. This section shall apply to all civil actions filed on or

after:

1. November 1, 2004, for those persons listed in subsection G

of this section; and

2. November 1, 2009, for all other persons listed in subsection

H of this section.

Added by Laws 2004, c. 368, § 34, eff. Nov. 1, 2004. Amended by

Laws 2009, c. 106, § 1, eff. Nov. 1, 2009; Laws 2009, c. 255, § 2,

eff. Nov. 1, 2009; Laws 2010, c. 2, § 103, emerg. eff. March 3,

2010; Laws 2012, c. 77, § 1, eff. Nov. 1, 2012.

NOTE: Laws 2009, c. 247, § 2 repealed by Laws 2010, c. 2, § 104,

emerg. eff. March 3, 2010. Laws 2009, c. 313, § 2 repealed by Laws

2010, c. 2, § 105, emerg. eff. March 3, 2010.

Oklahoma Statutes - Title 76. Torts