House approves limited liability protections for volunteer clinicians at charitable clinics

Representative Ray presented Senate Bill 168 to permit health professionals to volunteer at federally qualified health centers and Indian Health Service clinics and receive limited liability protection when acting within their scope of practice. The measure also requires patients to sign a written waiver acknowledging that the provider is volunteering and that malpractice protections may be limited for the volunteer clinician.

Members questioned the practical effect of the waiver. Representative Tanner asked whether a patient who declines to sign the waiver would be denied services; Representative Ray replied that such patients would not be served by that volunteer clinician but typically another paid clinician in the clinic could provide care. Representative Red asked whether protection would follow a clinician referred outside the clinic; the sponsor said the coverage is intended for volunteers acting inside the federally qualified health care center or Indian Health Clinic.

Representative Powell moved a technical amendment to correct a drafting error on line 92 (strike the word "that"), which the sponsor accepted as friendly. The House adopted the amendment and then passed the bill on final passage; the final tally recorded the vote in favor and the bill will be returned to the Senate for its signature.

The bill's supporters framed the measure as removing a legal barrier that discourages retired or uninsured clinicians from volunteering in charity clinics, while preserving malpractice liability for gross negligence or intentional wrongdoing.