Special Volunteer License & SMLC Immunity

Personal clinical liability insurance is unnecessary to volunteer with SMLC as outlined in the Tennessee Volunteer Health Care Services Act and the sections below from the TCA. 

2010 Tennessee Code: Title 63 - Professions Of The Healing Arts
Chapter 1 - Division of Health-Related Boards
Part 2 - Medical Practitioners Practicing in Free Health Clinics
63-1-201 - Part definitions.
Universal Citation: TN Code § 63-1-201 (2010)

As used in this part, unless the context otherwise requires:
     (1) Free health clinic means a health care facility operated by a nonprofit private entity that does not receive payment for its services and does not impose any charges on the individuals to whom services are rendered;
     (2) Medical practitioner means a:
          (A) Physician licensed under chapter 6 or 9 of this title;
          (B) Dentist or dental hygienist licensed under chapter 5 of this title;
          (C) Nurse licensed under chapter 7 of this title;
          (D) Chiropractor licensed under chapter 4 of this title;
          (E) Psychologist licensed under chapter 11 of this title;
          (F) Social worker licensed under chapter 24 of this title; and
          (G) Physician assistant licensed under chapter 19 of this title; and
     (3) Special volunteer license means a license awarded to a medical practitioner whose sole practice is rendering professional services without remuneration in a free health clinic at a specified site or setting. The practitioner must have been previously issued a license to practice in this state or another state and the practitioner must never have been the subject of disciplinary action. The licensing authority shall require an application and relevant documentation before issuing the special volunteer license. No fee may be charged for an application or issuance of the special license.
[Acts 2004, ch. 579, § 1.]  

2015 Tennessee Code: Title 63 - Professions Of The Healing Arts
Chapter 6 - Medicine and Surgery; Part 2 - General Provisions
§ 63-6-235 - Special volunteer license for practice in free health clinic -- Exemption from fees -- Renewal.
Universal Citation: TN Code § 63-6-235 (2015)

(a) A physician licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by § 63-1-201, engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of medical examiners may issue a special volunteer license, as such license is defined in § 63-1-201, to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis.
(b) Notwithstanding any other provision of this chapter to the contrary, a retired or inactive physician may apply for and receive a special volunteer license for practice only in volunteer service at benevolent or humanitarian service project locations outside of the state. The board of medical examiners is authorized to promulgate rules in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this section.

2019 Tennessee Code: Title 63 - Professions of the Healing Arts
Chapter 6 - Medicine and Surgery
Part 7 - Volunteer Health Care Services Act
§ 63-6-708. Immunity for voluntary provision of health care services.
Universal Citation: TN Code § 63-6-708 (2019)

•    (1) No person who is licensed, certified or authorized by the board of any of the professions of the healing arts, as enumerated in this title, shall be liable for any civil damages for any act or omission resulting from the rendering of such services, unless the act or omission was the result of such person's gross negligence or willful misconduct if the person:
    •    (A) Is engaging in the voluntary provision of health care services within the limits of the person's license, certification or authorization; and
    •    (B) The services are delivered to any patient of:
         •    (i) A sponsoring organization; or
         •    (ii) A free clinic.
•    (2) The volunteer licensee who is providing free care shall not receive compensation of any type, directly or indirectly, or any benefits of any type whatsoever, or any consideration of any nature, from anyone for the free care. Nor shall such services be part of the provider's training or assignment.
•    (3) The volunteer licensee must be acting within the scope of such license, certification or authority.
•    (4) A health care licensee providing free health care shall not engage in activities at a clinic or at the health care licensee's office, if the activities are performed on behalf of the sponsoring organization, unless those activities are authorized by the appropriate authorities to be performed at the clinic or office and the clinic or office is in compliance with all applicable rules and regulations.
•    (b) For purposes of this section, any commissioned or contract medical officer or dentist serving on active duty in the United States armed forces and assigned to duty as a practicing, commissioned or contract medical officer or dentist at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this part.
 
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