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S1151................................................by JUDICIARY AND RULES
TORT CLAIMS - SUPERVISORY PHYSICIANS - Adds to existing law relating to
tort claims against governmental entities to provide that supervisory
physicians shall be considered employees for purposes of tort claims act
insurance coverage; to define terms; to provide that specific liability
exceptions and limits shall be inapplicable in certain cases; and to
provide that certain claims against supervisory physicians shall not be
subject to medical malpractice.
02/13 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner
Floor Sponsors - Lodge & Jorgenson
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Clark, Raybould, Ring, Stevenson
Floor Sponsor - Luker
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 103
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1151
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES; AMENDING CHAPTER 9,
3 TITLE 6, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 6-902A, IDAHO CODE,
4 TO PROVIDE THAT SUPERVISORY PHYSICIANS SHALL BE CONSIDERED EMPLOYEES FOR
5 PURPOSES OF TORT CLAIMS ACT INSURANCE COVERAGE, TO DEFINE TERMS, TO PRO-
6 VIDE THAT SPECIFIC LIABILITY EXCEPTIONS AND LIMITS SHALL BE INAPPLICABLE
7 IN CERTAIN CASES AND TO PROVIDE THAT CERTAIN CLAIMS AGAINST SUPERVISORY
8 PHYSICIANS SHALL NOT BE SUBJECT TO MEDICAL MALPRACTICE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 9, Title 6, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 6-902A, Idaho Code, and to read as follows:
13 6-902A. SUPERVISORY PHYSICIAN. (1) For purposes of this chapter only, a
14 supervisory physician shall be considered an employee.
15 (2) As used in this section:
16 (a) "Supervisory duties" means those administrative duties of a physician
17 who supervises personnel affiliated with a licensed ambulance or non-
18 transport service including, but not limited to, disciplining and
19 educating personnel, setting staffing levels, emergency medical services
20 system design, establishing patient care guidelines and medical policies,
21 compliance, establishing standing orders and protocols, reviewing perfor-
22 mance of personnel, quality management and other reasonably necessary
23 administrative duties.
24 (b) "Supervisory physician" means a physician licensed pursuant to chap-
25 ter 18, title 54, Idaho Code, who supervises the activities of personnel
26 affiliated with a licensed ambulance or non-transport service as described
27 in section 56-1011, Idaho Code, et seq., when the licensed ambulance or
28 non-transport service is operated under the control of a governmental
29 authority.
30 (3) The exceptions to liability set forth in sections 6-904, 6-904A and
31 6-904B, Idaho Code, shall not be applicable to a claim against a supervisory
32 physician for failure to properly perform supervisory duties. The liability
33 limit contained in section 6-926, Idaho Code, shall not be applicable to a
34 claim against a supervisory physician for failure to properly perform supervi-
35 sory duties to the extent that such supervisory physician is covered by lia-
36 bility insurance exceeding that limit.
37 (4) Claims against a supervisory physician for failure to properly per-
38 form supervisory duties shall not be subject to the requirements of chapter
39 10, title 6, Idaho Code.
STATEMENT OF PURPOSE
RS 16957
The purpose of this bill is to clarify that physicians who act as
supervising physicians for governmental ambulance services will
be considered employees of the governmental entity solely
pertaining to their supervisory duties. Under current law, each
ambulance service must have a supervising physician, who by law
must set protocols for the paramedics and technicians at the
ambulance service. These physicians are not able to obtain
insurance coverage from their private insurance carriers for
their work for the governmental entity. In order to rectify this
problem, this bill proposes to treat supervising physicians as
employees of the governmental entity under the tort claims act.
In this way, the governmental entity will be able to provide
insurance coverage to the physician.
FISCAL NOTE
There will be no impact on the general fund of the state as a
result of this bill.
Contact
Name: Michael J. Kane, Idaho Counties Risk Management Program
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE S 1151