2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5 - Health Care Practitioner Volunteer Pilot Program › 260 - Health Care Practitioner Volunteer Program.

* §  260.  Health  care  practitioner  volunteer  program. 1. There is
hereby  established  in  the  department  a  health  care   practitioner
volunteer  program  to  implement a system by which eligible health care
practitioner volunteers and other  volunteers  may  provide  free  basic
primary health care services to uninsured low income individuals.
2.  The  commissioner  is  authorized  and directed to promulgate such
rules and regulations as are necessary to implement  the  provisions  of
this  title.  Such  rules  and  regulations shall enable the health care
practitioner volunteer program approved hereunder to:
(a) provide free basic  primary  health  care  services  primarily  to
uninsured low income individuals;
(b)  integrate  the  delivery  of  such  services with the delivery of
health care and other supportive services to the  target  population  by
other providers in the community; and
(c)  meet  standards  of  care  which are appropriate to the level and
nature of health care services to be provided.
3. A health care practitioner is eligible to participate as  a  health
care practitioner volunteer under this title if he or she:
(a)  is  licensed,  or exempt from licensure, pursuant to articles one
hundred thirty-one, one hundred thirty-one-B,  one  hundred  thirty-two,
one   hundred   thirty-three,   one   hundred  thirty-six,  one  hundred
thirty-seven, one hundred thirty-nine, one hundred  forty,  one  hundred
forty-one,  one hundred forty-three, one hundred forty-four, one hundred
fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
fifty-six, one hundred fifty-seven, one hundred fifty-nine, one  hundred
sixty, one hundred sixty-two, or one hundred sixty-four of the education
law;
(b)  has  agreed  to  practice in a health care practitioner volunteer
program without compensation or the expectation of compensation. For the
purposes of this  paragraph,  the  following  shall  not  be  considered
compensation:  (i)  nominal  payment  solely  to  enable the health care
practitioner to be considered an employee of  an  entity  operating  and
administering the health care practitioner volunteer program established
pursuant  to  this  title;  or  (ii)  the provision of medical liability
insurance coverage to the  health  care  practitioner  pursuant  to  the
requirements of this title;
(c)  is  well  qualified  and  intends  to serve as a volunteer in the
practice or specialty area in which he or she is licensed and  primarily
practices,  or  practiced  prior  to  retirement,  or  is  licensed  and
demonstrably qualified to  practice  through  training,  retraining,  or
continuing education; and
(d)  is  not  subject  to any limitations on practice as the result of
findings  or  action  by,  or  any  agreement  with,  any  licensing  or
professional conduct agency or board, or any court or regulatory agency.
4.  No  health  care  practitioner  volunteer shall participate in the
health care practitioner volunteer program established pursuant to  this
title  unless,  with  respect  to  acts  and  omissions that occurred or
allegedly occurred within the scope of his or her participation in  such
program,  he  or  she  is  covered by an adequate professional liability
insurance policy.
5. The commissioner shall, upon submission of satisfactory evidence of
compliance with the provisions of this title, approve one or more health
care practitioner volunteer programs to be located in  and  to  serve  a
specified service area. Such program shall:
(a)  be  operated and administered by a not-for-profit entity licensed
under article twenty-eight of  this  chapter,  provided,  however,  that
nothing  contained  herein  shall preclude a facility otherwise licensed
under this chapter or under the mental hygiene law  from  utilizing  the

services  of  health  care  practitioner volunteers for the provision of
free health care services pursuant to such licensure; and
(b)  have  procedures to screen participating health care practitioner
volunteers to ensure that they  meet  the  requirements  of  subdivision
three of this section.
6.  (a)  Each program shall report annually to the commissioner on the
progress  of  the  program.  The  report  shall  include  a  profile  of
participating health care practitioner volunteers, the number of persons
served,  a  description  of the activities of the program, an outline of
the program's continuing or projected activities, a description  of  the
impact  of the program on the community, and an estimate of the value of
volunteer services provided.
(b) On or before June first  of  each  year,  the  commissioner  shall
report  to  the  governor,  the  temporary  president of the senate, the
minority leader of the senate, the speaker of the assembly, the minority
leader of the assembly, and  the  chairs  of  the  senate  and  assembly
committees  on  health  on findings, conclusions, and recommendations on
the implementation of the provisions of this title.
7. Notwithstanding any inconsistent provision of law to the  contrary,
the   commissioner  is  authorized  to  waive,  modify  or  suspend  the
provisions of rules and  regulations  promulgated  pursuant  to  article
twenty-eight  of  this  chapter if the commissioner determines that such
waiver, modification or  suspension  is  necessary  for  the  successful
implementing   of   the   health  care  practitioner  volunteer  program
authorized pursuant to this section and provided that  the  commissioner
determines  that  the  health,  safety  and  general  welfare  of people
receiving health care under  such  health  care  practitioner  volunteer
program will not be impaired as a result of such waiver, modification or
suspension.
* NB There are 2 § 260's