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§ 449.47. Liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: July 2, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1G. Volunteer Health Services Act (Refs & Annos)
Effective: July 2, 2014
35 P.S. § 449.47
§ 449.47. Liability
(a) General rule.--A holder of a volunteer license who, in good faith, renders professional health care services within his scope of practice under this act shall not be liable for civil damages arising as a result of any act or omission in the rendering of care unless the conduct of the volunteer licensee falls substantially below professional standards which are generally practiced and accepted in the community and unless it is shown that the volunteer licensee did an act or omitted the doing of an act which the person was under a recognized duty to a patient to do, knowing or having reason to know that the act or omission created a substantial risk of actual harm to the patient.
(b) Application.--
(1) This section shall not apply unless:
(i) the approved clinic posts in a conspicuous place on its premises an explanation of the exemptions from civil liability provided under subsection (a); or
(ii) the volunteer licensee providing mental health services upon referral from an approved organization provides the military personnel or family member being treated with a written explanation of the exemptions from civil liability provided under subsection (a).
(2) The protections provided by this section shall not apply to institutional health care providers, such as hospitals or approved clinics or approved organizations, subject to vicarious liability for the conduct of a volunteer license holder. The liability of such institutional defendants shall be governed by the standard of care established by common law.

Credits

1996, Dec. 4, P.L. 893, No. 141, § 7, effective in 60 days. Amended 2014, July 2, P.L. 820, No. 86, § 4, imd. effective.
35 P.S. § 449.47, PA ST 35 P.S. § 449.47
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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