§ 1-1-129 — Immunity from liability for volunteer health care professionals; insurance required of nonprofit health care facility

Wyoming § 1-1-129

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 1: GENERAL PROVISIONS AS TO CIVIL ACTIONS

Text

(a) As used in this section:
(i) "Health care professional" means any of the
following who provide medical or dental diagnosis, care or
treatment:
(A) Physicians, osteopaths and physician
assistants licensed to practice as provided in title 33, chapter
26 of the Wyoming statutes;
(B) All nurses licensed to practice as provided
in title 33, chapter 21 of the Wyoming statutes;
(C) Pharmacists licensed to practice as provided
in title 33, chapter 24 of the Wyoming statutes;
(D) Dentists and dental hygienists licensed to
practice as provided in title 33, chapter 15 of the Wyoming
statutes; and
(E) Optometrists licensed to practice as
provided in title 33, chapter 23 of the Wyoming statutes.
(ii) "Low income uninsured person" means a person who
meets all of the following requirements:
(A) The person's income is not greater than two
hundred percent (200%) of the current poverty line as defined by
federal law, as amended;
(B) The person currently is not receiving
medical, disability or other assistance under any federal or
state government health care program; and
(C) Either of the following applies:
(I) The person is not a policyholder,
certificate holder, insured, contract holder, subscriber,
enrollee, member, beneficiary or other covered individual under
a health insurance or health care policy, contract or plan; or
(II) The person is a policyholder,
certificate holder, insured, contract holder, subscriber,
enrollee, member, beneficiary or other covered individual under
a health insurance or health care policy, contract or plan, but
the insurer, policy, contract or plan denies coverage or is the
subject of insolvency or bankruptcy proceedings in any
jurisdiction.
(iii) "Nonprofit health care facility" means a
charitable nonprofit corporation or association organized and
operated under title 17, chapters 19 or 22 of the Wyoming
statutes, or any charitable organization not organized and not
operated for profit, that exclusively provides health care
services to low income uninsured persons, except that "health
care facility" does not include a hospital, including a swing
bed hospital, facility or center defined under W.S. 35-2-901 or
any other medical facility that is operated for profit;
(iv) "Operation" means an invasive procedure that
involves cutting or otherwise infiltrating human tissue by
mechanical means, including surgery, laser surgery, ionizing
radiation, therapeutic ultrasound or the removal of intraocular
foreign bodies. "Operation" does not include the administration
of medication by injection, unless the injection is administered
in conjunction with a procedure infiltrating human tissue by
mechanical means other than the administration of medicine by
injection;
(v) "Tort action" means a civil action for damages
for injury, death or loss to person or property other than a
civil action for damages for a breach of contract or another
agreement between persons or government entities;
(vi) "Volunteer" means an individual who provides any
medical, dental or other health care related diagnosis, care or
treatment without the expectation of receiving, and without
receipt of, any compensation or other form of remuneration from
a low income uninsured person, another person on behalf of a low
income uninsured person, any health care facility or any other
person or government entity.
(b) Subject to subsection (d) of this section, a health
care professional who is a volunteer and complies with
subsection (c) of this section is not liable in damages to any
person or government entity in a tort or other civil action,
including an action on a medical, dental or other health-related
claim for injury, death or loss to person or property that
allegedly arises from an action or omission of the volunteer in
the provision at a nonprofit health care facility to a low
income uninsured person of medical, dental or other health-
related diagnosis, care or treatment, including the provision of
samples of medicine and other medical or dental products, unless
the action or omission constitutes willful or wanton misconduct.
(c) To qualify for immunity under subsection (b) of this
section, a volunteer health care professional shall do all of
the following prior to the initial diagnosis, care or treatment:
(i) Inform the person of the provisions of this
section either personally or by means of a writing so stating
provided by the nonprofit health care facility and signed by the
person, or by another individual on behalf of, and in the
presence of, the person; and
(ii) Obtain the informed consent of the person and a
written waiver, signed by the person, or by another individual
on behalf of, and in the presence of, the person.
(d) Except as provided in this subsection, the immunities
provided by subsection (b) of this section are not available to
a volunteer health care professional, if at the time of an
alleged injury, death or loss to person or property, the
volunteer health care professional involved was performing an
operation or delivering a baby. This subsection does not apply
to a volunteer health care professional who provides diagnosis,
care or treatment or performs an operation or delivers a baby
when necessary to preserve the life of a person in a medical
emergency.
(e) In order for the immunity under subsection (b) of this
section to apply and before the rendering of any services by the
volunteer health care professional at the nonprofit health care
facility, there must be a written agreement between the
volunteer health care professional and the facility pursuant to
which the volunteer health care professional will provide
medical, dental or health care related diagnosis, care or
treatment under the control of the facility to patients of the
facility.
(f) A nonprofit health care facility entering into a
written agreement under subsection (e) of this section shall
maintain liability coverage of not less than one million dollars
($1,000,000.00) per occurrence, except that no such coverage
shall be required to be maintained by the facility if such
coverage is maintained by all volunteer health care
professionals rendering services at the facility. A nonprofit
health care facility shall be liable for the negligent acts of a
volunteer health care professional providing diagnosis, care or
treatment at the facility only in the circumstances and to the
extent the facility is required to maintain liability coverage
under this subsection.