liability.
1. The director shall establish within the department a program to provide to eligible
hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or
other health care facilities, health care referral programs, or charitable organizations, free
medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social
work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory
therapy, and emergency medical care services given on a voluntary basis by health care
providers. A participating health care provider shall register with the department and obtain
from the department a list of eligible, participating hospitals, clinics, free clinics, field dental
clinics, specialty health care provider offices, or other health care facilities, health care
referral programs, or charitable organizations.
2. The department shall adopt rules to implement the volunteer health care provider
program which shall include the following:
a. Procedures for registration of health care providers deemed qualified by the board of
medicine, the board of physician assistants, the dental board, the board of nursing, the board
ofchiropractic,theboardofbehavioralhealthprofessionals,theboardofpharmacy,theboard
of optometry, the board of podiatry, the board of physical and occupational therapy, the board
of respiratory care and polysomnography, and the department of inspections, appeals, and
licensing, as applicable.
b. Procedures for registration of free clinics, field dental clinics, and specialty health care
provider offices.
c. Criteria for and identification of hospitals, clinics, free clinics, field dental clinics,
specialty health care provider offices, or other health care facilities, health care referral
§135.24, DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH 16
programs, or charitable organizations, eligible to participate in the provision of free medical,
dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work,
behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy,
or emergency medical care services through the volunteer health care provider program.
A free clinic, a field dental clinic, a specialty health care provider office, a health care
facility, a health care referral program, a charitable organization, or a health care provider
participating in the program shall not bill or charge a patient for any health care provider
service provided under the volunteer health care provider program.
d. Identification of the services to be provided under the program. The services provided
may include but shall not be limited to obstetrical and gynecological medical services,
psychiatric services provided by a physician licensed under chapter 148, dental services
provided under chapter 153, or other services provided under chapter 147A, 148A, 148B,
148C, 149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or 155A.
3. A health care provider providing free care under this section shall be considered an
employee of the state under chapter 669, shall be afforded protection as an employee of the
stateundersection669.21, andshallnotbesubjecttopaymentofclaimsarisingoutofthefree
care provided under this section through the health care provider’s own professional liability
insurance coverage, provided that the health care provider has done all of the following:
a. Registered with the department pursuant to subsection 1.
b. Provided medical, dental, chiropractic, pharmaceutical, nursing, optometric,
psychological, social work, behavioral science, podiatric, physical therapy, occupational
therapy, respiratory therapy, or emergency medical care services through a hospital, clinic,
free clinic, field dental clinic, specialty health care provider office, or other health care
facility, health care referral program, or charitable organization listed as eligible and
participating by the department pursuant to subsection 1.
4. A free clinic providing free care under this section shall be considered a state agency
solely for the purposes of this section and chapter 669 and shall be afforded protection under
chapter 669 as a state agency for all claims arising from the provision of free care by a health
care provider registered under subsection 3 who is providing services at the free clinic in
accordance with this section or from the provision of free care by a health care provider who
is covered by adequate medical malpractice insurance as determined by the department, if
the free clinic has registered with the department pursuant to subsection 1.
5. A field dental clinic providing free care under this section shall be considered a state
agencysolelyforthepurposesofthissectionandchapter669andshallbeaffordedprotection
under chapter 669 as a state agency for all claims arising from the provision of free care by
a health care provider registered under subsection 3 who is providing services at the field
dental clinic in accordance with this section or from the provision of free care by a health
care provider who is covered by adequate medical malpractice insurance, as determined
by the department, if the field dental clinic has registered with the department pursuant to
subsection 1.
6. A specialty health care provider office providing free care under this section shall be
considered a state agency solely for the purposes of this section and chapter 669 and shall
be afforded protection under chapter 669 as a state agency for all claims arising from the
provisionoffreecarebyahealthcareproviderregisteredundersubsection3whoisproviding
services at the specialty health care provider office in accordance with this section or from
the provision of free care by a health care provider who is covered by adequate medical
malpractice insurance, as determined by the department, if the specialty health care provider
office has registered with the department pursuant to subsection 1.
7. For the purposes of this section:
a. “Charitable organization” means a charitable organization within the meaning of
section 501(c)(3) of the Internal Revenue Code.
b. “Field dental clinic” means a dental clinic temporarily or periodically erected at a
location utilizing mobile dental equipment, instruments, or supplies, as necessary, to provide
dental services.
c. “Freeclinic”meansafacility, otherthanahospitalorhealthcareprovider’sofficewhich
is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and which has
17 DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH, §135.25
as its sole purpose the provision of health care services without charge to individuals who are
otherwise unable to pay for the services.
d. “Health care provider” means a physician licensed under chapter 148; a chiropractor
licensed under chapter 151; a physical therapist licensed pursuant to chapter 148A; an
occupational therapist licensed pursuant to chapter 148B; a podiatrist licensed pursuant to
chapter 149; a physician assistant licensed pursuant to chapter 148C; a licensed practical
nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to
chapter 152 or 152E; a respiratory therapist licensed pursuant to chapter 152B; a dentist,
dental hygienist, or dental assistant registered or licensed to practice under chapter 153; an
optometrist licensed pursuant to chapter 154; a psychologist licensed pursuant to chapter
154B; a social worker licensed pursuant to chapter 154C; a mental health counselor, marital
and family therapist, behavior analyst, or assistant behavior analyst licensed pursuant to
chapter 154D; a speech pathologist or audiologist licensed pursuant to chapter 154F; a
pharmacist licensed pursuant to chapter 155A; or an emergency medical care provider
certified pursuant to chapter 147A.
e. “Specialty health care provider office” means the private office or clinic of an individual
specialtyhealthcareproviderorgroupofspecialtyhealthcareproviders,butdoesnotinclude
a field dental clinic, a free clinic, or a hospital.