S373: Expand Voluntary Health Care Services. Latest Version

2021-2022

Senate
Passed 1st Reading
Rules



AN ACT to expand the voluntary health care services act to include additional licensees capable of rendering health care services in this state through the volunteer health care services act, to include telehealth as a health care service, and to clarify what benefits constitute compensation.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑21.102 reads as rewritten:

§ 90‑21.102.  Definitions.

The following definitions apply in this Article:



(2)        Free clinic. – A nonprofit, 501(c)(3) tax‑exempt organization organized for the purpose of providing health care services services, including telehealth, without charge or for a minimum fee to cover administrative costs.

(3)        Health care provider. – Any person who:



m.        Is licensed to practice as a physician, physician assistant, dentist, dental assistant, pharmacist, optometrist, registered nurse, nurse practitioner, licensed practical nurse, dental hygienist, dispensing optician, or optician under provisions of law of another state of the United States comparable to the provisions referenced in sub‑subdivisions a. through l. of this subdivision.



(5)        Voluntary provision of health care services. – The provision of health care services by a health care provider in association with a sponsoring organization in which both all of the following circumstances exist:

a.         The health care services are provided without charge to the recipient of the services or to a third party on behalf of the recipient.

b.         The health care provider receives no compensation or other consideration in exchange for the health care services provided.

c.         Compensation or other consideration does not include room and board or other essentials necessary during the provision of volunteer health care services or memorabilia.

For the purposes of this Article, the provision of health care services in nonprofit community health centers, local health department facilities, free clinic facilities, or at a provider's place of employment when the patient is referred by a nonprofit community health referral service shall not be considered the voluntary provision of health care.

SECTION 2.  This act becomes effective September 1, 2021.