§ 7-402 — Health care professional volunteer assistance protection.

(a) A licensed physician, registered nurse, certified midwife, or advanced practice registered nurse certified or practicing in the specialty of obstetrics or gynecology who in good faith provides health care or treatment at or on behalf of a free health clinic operating lawfully in the District of Columbia without the expectation of receiving or intending to receive compensation shall not be liable in civil damages for any act or omission in the course of rendering the health care or treatment, unless the act or omission is an intentional wrong or manifests a willful or wanton disregard for the health or safety of others.

(b) A licensed physician, registered nurse, certified midwife, or advanced practice registered nurse providing medical care or assistance in obstetrics or gynecology in accordance with subsection (a) of this section shall provide and shall require his or her prospective client to sign a written statement witnessed by 2 persons in which the parties agree to the rendering of the health care or treatment.

(c) The immunity provided in subsection (a) of this section shall apply to any claim, arising out of health care or treatment given under subsection (a) of this section against:

(1) District of Columbia public health clinic; and

(2) a free clinic, and the District of Columbia as an indemnifier of such a free clinic, which meets the eligibility requirements of § 1-307.21(2) .

Legislative History

Nov. 8, 1965, Pub. L. 89-341, § 2; as added Aug. 17, 1991, D.C. Law 9-41, § 3, 38 DCR 4979; Feb. 5, 1994, D.C. Law 10-68, § 9, 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 6, 41 DCR 5193