Section 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