Health care providers, volunteer; VDH shall certify certain persons, immunity from liability, etc. (HB39)

Introduced By

Del. Bob Marshall (R-Manassas) with support from co-patron Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Volunteer health care providers. Provides that the Department of Health shall certify as a volunteer health care provider any person who (i) holds a current, valid license as a doctor of medicine or osteopathy from the Board of Medicine or as a dentist from the Board of Dentistry; (ii) is deemed to be an employee of the federal Public Health Services as a free clinic professional providing qualifying health services; and (iii) provides documentation indicating that he has provided at least four hours of qualifying health services at a free clinic or free clinic offsite program per week for four consecutive weeks during the three-month period immediately preceding the date of application. The bill provides that no volunteer health care provider who is certified as a voluntary health care provider shall be liable for civil damages for any injury or wrongful death of any person resulting from the delivery of any health care provided in his professional capacity, absent gross negligence or willful misconduct. The bill further provides that the Attorney General may represent a volunteer health care provider in any civil matter in which a defense of immunity from liability due to status as a certified volunteer health care provider is raised. Read the Bill »


Bill Has Failed


12/02/2013Prefiled and ordered printed; offered 01/08/14 14100709D
12/02/2013Referred to Committee for Courts of Justice
01/10/2014Assigned Courts sub: Civil
01/15/2014Subcommittee recommends laying on the table
02/12/2014Left in Courts of Justice


Diane Johnson writes:

Does this mean that the Volunteer Health Care Providers who qualify for free legal defense no longer need to purchase malpractice insurance? Will the Attorney General's office defend such physicians against malpractice cases that took place prior to their status as Volunteer Health Care Provider? Has there been any research to determine 1)how many malpractice cases there are in Virginia and 2) what the legal costs are to the physician/insurance companies?