* § 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