Indigent care — Rules — Definition

  1. Law
  2. Arkansas Code
  3. Practice, Procedure, And Courts
  4. General Provisions
  5. Volunteer Immunity
  6. Healthcare Professionals
  7. Indigent care — Rules — Definition

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  1. (a) As used in this section, “healthcare professional” means a person who:

    1. (1) Is licensed or certified under Subtitle 3 of Title 17; or

    2. (2) Is a student or resident of a healthcare profession program leading to a professional degree, a license, or certification under Subtitle 3 of Title 17 who is:

      1. (A) Providing services within the scope of the training of that student or resident; and

      2. (B) Under the supervision of a person who is licensed in the healthcare profession for which the student is seeking a degree, a license, or a certification.

  2. (b) A healthcare professional who renders healthcare services voluntarily and without compensation to any person at any free or low-cost healthcare clinic located in the State of Arkansas and registered by the State Board of Health that accepts no insurance payments and provides healthcare services free of charge to persons unable to pay or provides healthcare services for a nominal fee shall not be liable for any civil damages for any act or omission resulting from the rendering of the healthcare services unless the act or omission was the result of the healthcare professional's gross negligence or willful misconduct.

  3. (c)

    1. (1) The board may promulgate rules necessary to provide for the registration of free or low-cost healthcare clinics under this section.

    2. (2) The rules shall require that each person to whom healthcare services are provided:

      1. (A) Has been fully informed before any treatment by the healthcare professional providing the services or by the staff of the healthcare clinic of the immunity from civil suit provisions of this section; and

      2. (B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health.

  4. (d) The board and its members and the department and its agents and employees are exempt and immune from liability for any claims or damages when performing their duties under this section.

  5. (e) The provisions of this section supersede the exception for licensed medical professionals under the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.


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