Legislative and Liability Issues

Efforts to volunteer in the United States can be hampered by issues related to portability of medical licenses, liability concerns and other legal and logistical matters.  We are working with other stakeholders in addressing unmet medical and surgical needs to address these barriers to providing necessary care.

 

We will continue to update this page as we learn of new efforts and new progress along these lines and invite you to share information on the subject by sending us an email via the “Contact Us” link at the top of this page.

 

The following links are provided as a courtesy to those with an interest in humanitarian outreach.  Unless otherwise indicated, the American College of Surgeons is not affiliated with these organizations, and not responsible for the content of their websites.

 

Uniform Emergency Volunteer Health Practitioners Act

This act aims to establish a robust and redundant system to quickly and efficiently facilitate the deployment and use of licensed practitioners to provide health and veterinary services in response to declared incidents of disasters and emergencies. This act (1) establishes a system for the use of volunteer health practitioners capable of functioning autonomously even when routine methods of communication are disrupted, (2) provides reasonable safeguards to assure that health practitioners are appropriately licensed and regulated to protect the public’s health, and (3) allows states to regulate, direct and restrict the scope and extent of services provided by volunteer health practitioners to promote disaster recovery operations.  The American College of Surgeons' Board of Governors and Board of Regents have formally adopted a statement in support of this legislation.  For more information, please see The UEVHPA: An Update, in the May 2010 College Bulletin.

 

Federal Tort Claims Act Coverage for Free Clinic Volunteer Health Care Professionals

Congress enacted FTCA medical malpractice protection for volunteer free clinic health professionals through Section 194 of HIPAA (Public Law 104-191) by amending Section 224 of the Public Health Service Act (PHS Act) (42 U.S.C 233).  If a volunteer health care professional meets all the requirements of the program, the related free clinic can sponsor him/her to be a "deemed" federal employee for the purpose of FTCA medical malpractice coverage.  FTCA deemed status provides the volunteer health care professional with immunity from medical malpractice lawsuits resulting from his/her subsequent performance of medical, surgical, dental or other related functions within the scope of his/her work at the free clinic.  Read more about this coverage or download an application

 

Understanding Charitable Immunity Legislation

A primer written by Volunteers in Health Care on liability coverage for physicians engaged in volunteer work.

 

State Licensing and Liability Guidelines for Volunteers

The American Medical Association provides a state list delineating licensing provisions and liability laws for physicians who wish to serve as volunteers.

 

Global Service Fellowship Program Act

An act introduced in 2009 by Senator Russ Feingold, co-sponsored by Senators Cardin, Cochran, Levin, Voinovich, and Whitehouse, that would direct the Administrator of the United States Agency for International Development (USAID) to: (1) establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding; and (2) establish the Office of Volunteers for Prosperity to implement the Global Service Fellowship Program.  Currently referred to the Committee on Foreign Relations.

 

Individual State License and Liability Information

Please click on a state below to find out information on any volunteer/limited licenses offered, liability laws for volunteer physicians, recently passed legislation, provisions of Good Samaritan status during emergency situations, and Uniform Emergency Volunteer Health Practitioners Act status.