{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-127.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-127.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-127.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-127.3.html"}],"law_id":77664,"edition_id":1,"section_id":77664,"structure_id":12729,"section_number":"32.1-127.3","catch_line":"Immunity from liability for certain free health care services","history":"1993, c. 785; 1994, c. 444; 1996, c. 748; 2000, cc. 618, 632; 2004, c. 49.","full_text":"A\n\nNo hospital employee who renders health care services at his place of employment and within the limits of his licensure, certification, or multistate licensure privilege to practice nursing, or, if such employee is not required to be licensed or certified pursuant to Title 54.1, within the scope of his employment, shall be liable for any civil damages for any act or omission resulting from the rendering of such services to a patient of a clinic which is organized in whole or in part for the delivery of health care services without charge unless such act or omission was the result of gross negligence or willful misconduct. Such clinic shall have on record written agreements with each hospital providing such services, and immunity shall apply only to those services provided by the hospital without charge.B\n\nFor the purposes of Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18 of Title 2.2, any personnel employed by a hospital licensed pursuant to this article and rendering health care services pursuant to subsection A shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services if (i) the hospital has agreed in writing to provide health care services at no charge for patients referred by a clinic organized in whole or in part for the delivery of health care services without charge, (ii) the employing hospital is registered with the Division of Risk Management, and (iii) the employee delivering such services has no legal or financial interest in the clinic from which the patient is referred. The premium for coverage of such hospital employees under the Risk Management Plan shall be paid by the Department of Health.C\n\nThe provisions of this section shall only apply to health care personnel providing care pursuant to subsections A and B during the period in which such care is rendered.D\n\nMoreover, no officer, director or employee of any such clinic, or the clinic itself, as described in subsection A shall, in the absence of gross negligence or willful misconduct, be liable for civil damages resulting from any act or omission relating to the providing of health care services without charge to patients of the clinic.E\n\nFor the purposes of this section and Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18 of Title 2.2, &#8220;delivery of health care services without charge&#8221; shall be deemed to include the delivery of dental or medical services in a dental or medical clinic when a reasonable minimum fee is charged to cover administrative costs.","order_by":null,"text":{"0":{"id":278554,"text":"No hospital employee who renders health care services at his place of employment and within the limits of his licensure, certification, or multistate licensure privilege to practice nursing, or, if such employee is not required to be licensed or certified pursuant to Title 54.1, within the scope of his employment, shall be liable for any civil damages for any act or omission resulting from the rendering of such services to a patient of a clinic which is organized in whole or in part for the delivery of health care services without charge unless such act or omission was the result of gross negligence or willful misconduct. Such clinic shall have on record written agreements with each hospital providing such services, and immunity shall apply only to those services provided by the hospital without charge.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278555,"text":"For the purposes of Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18 of Title 2.2, any personnel employed by a hospital licensed pursuant to this article and rendering health care services pursuant to subsection A shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services if (i) the hospital has agreed in writing to provide health care services at no charge for patients referred by a clinic organized in whole or in part for the delivery of health care services without charge, (ii) the employing hospital is registered with the Division of Risk Management, and (iii) the employee delivering such services has no legal or financial interest in the clinic from which the patient is referred. The premium for coverage of such hospital employees under the Risk Management Plan shall be paid by the Department of Health.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278556,"text":"The provisions of this section shall only apply to health care personnel providing care pursuant to subsections A and B during the period in which such care is rendered.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278557,"text":"Moreover, no officer, director or employee of any such clinic, or the clinic itself, as described in subsection A shall, in the absence of gross negligence or willful misconduct, be liable for civil damages resulting from any act or omission relating to the providing of health care services without charge to patients of the clinic.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":278558,"text":"For the purposes of this section and Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18 of Title 2.2, &#8220;delivery of health care services without charge&#8221; shall be deemed to include the delivery of dental or medical services in a dental or medical clinic when a reasonable minimum fee is charged to cover administrative costs.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; licenses not transferable","url":"\/32.1-125\/","token":"32.1\/5\/1\/32.1-125","metadata":false},{"id":63548,"structure_id":12729,"section_number":"32.1-125.01","catch_line":"Failing to report; penalty","url":"\/32.1-125.01\/","token":"32.1\/5\/1\/32.1-125.01","metadata":false},{"id":59071,"structure_id":12729,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","url":"\/32.1-125.1\/","token":"32.1\/5\/1\/32.1-125.1","metadata":false},{"id":78537,"structure_id":12729,"section_number":"32.1-125.2","catch_line":"Disclosure of other providers of services","url":"\/32.1-125.2\/","token":"32.1\/5\/1\/32.1-125.2","metadata":false},{"id":58917,"structure_id":12729,"section_number":"32.1-125.3","catch_line":"Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital","url":"\/32.1-125.3\/","token":"32.1\/5\/1\/32.1-125.3","metadata":false},{"id":55275,"structure_id":12729,"section_number":"32.1-125.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-125.4\/","token":"32.1\/5\/1\/32.1-125.4","metadata":false},{"id":70129,"structure_id":12729,"section_number":"32.1-125.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-125.5\/","token":"32.1\/5\/1\/32.1-125.5","metadata":false},{"id":60850,"structure_id":12729,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice to electric utilities","url":"\/32.1-126\/","token":"32.1\/5\/1\/32.1-126","metadata":false},{"id":77692,"structure_id":12729,"section_number":"32.1-126.01","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license","url":"\/32.1-126.01\/","token":"32.1\/5\/1\/32.1-126.01","metadata":false},{"id":57301,"structure_id":12729,"section_number":"32.1-126.02","catch_line":"Hospital pharmacy employees; criminal records check required","url":"\/32.1-126.02\/","token":"32.1\/5\/1\/32.1-126.02","metadata":false},{"id":71970,"structure_id":12729,"section_number":"32.1-126.1","catch_line":"Asbestos inspection for hospitals","url":"\/32.1-126.1\/","token":"32.1\/5\/1\/32.1-126.1","metadata":false},{"id":65858,"structure_id":12729,"section_number":"32.1-126.2","catch_line":"Fire suppression systems required in nursing facilities and nursing homes","url":"\/32.1-126.2\/","token":"32.1\/5\/1\/32.1-126.2","metadata":false},{"id":83484,"structure_id":12729,"section_number":"32.1-126.3","catch_line":"Fire suppression systems required in hospitals","url":"\/32.1-126.3\/","token":"32.1\/5\/1\/32.1-126.3","metadata":false},{"id":70496,"structure_id":12729,"section_number":"32.1-126.4","catch_line":"Hospital standing orders or protocols for certain vaccinations","url":"\/32.1-126.4\/","token":"32.1\/5\/1\/32.1-126.4","metadata":false},{"id":73579,"structure_id":12729,"section_number":"32.1-126.5","catch_line":"Consolidation of inspections","url":"\/32.1-126.5\/","token":"32.1\/5\/1\/32.1-126.5","metadata":false},{"id":85883,"structure_id":12729,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","url":"\/32.1-127\/","token":"32.1\/5\/1\/32.1-127","metadata":false},{"id":71680,"structure_id":12729,"section_number":"32.1-127.001","catch_line":"Certain design and construction standards to be incorporated in hospital and nursing home licensure regulations","url":"\/32.1-127.001\/","token":"32.1\/5\/1\/32.1-127.001","metadata":false},{"id":63277,"structure_id":12729,"section_number":"32.1-127.01","catch_line":"Regulations to authorize certain disciplinary actions and guidelines","url":"\/32.1-127.01\/","token":"32.1\/5\/1\/32.1-127.01","metadata":false},{"id":71135,"structure_id":12729,"section_number":"32.1-127.1","catch_line":"Immunity from liability for routine referral for organ and tissue donation","url":"\/32.1-127.1\/","token":"32.1\/5\/1\/32.1-127.1","metadata":false},{"id":81314,"structure_id":12729,"section_number":"32.1-127.1:01","catch_line":"Record storage","url":"\/32.1-127.1_01\/","token":"32.1\/5\/1\/32.1-127.1_01","metadata":false},{"id":56243,"structure_id":12729,"section_number":"32.1-127.1:02","catch_line":"Repealed","url":"\/32.1-127.1_02\/","token":"32.1\/5\/1\/32.1-127.1_02","metadata":false},{"id":58930,"structure_id":12729,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","url":"\/32.1-127.1_03\/","token":"32.1\/5\/1\/32.1-127.1_03","metadata":false},{"id":84892,"structure_id":12729,"section_number":"32.1-127.1:04","catch_line":"Use or disclosure of certain protected health information required","url":"\/32.1-127.1_04\/","token":"32.1\/5\/1\/32.1-127.1_04","metadata":false},{"id":78997,"structure_id":12729,"section_number":"32.1-127.1:05","catch_line":"Breach of medical information notification","url":"\/32.1-127.1_05\/","token":"32.1\/5\/1\/32.1-127.1_05","metadata":false},{"id":55917,"structure_id":12729,"section_number":"32.1-127.2","catch_line":"Repealed","url":"\/32.1-127.2\/","token":"32.1\/5\/1\/32.1-127.2","metadata":false},{"id":77664,"structure_id":12729,"section_number":"32.1-127.3","catch_line":"Immunity from liability for certain free health care services","url":"\/32.1-127.3\/","token":"32.1\/5\/1\/32.1-127.3","metadata":false},{"id":59266,"structure_id":12729,"section_number":"32.1-128","catch_line":"Applicability to hospitals and nursing homes for practice of religious tenets","url":"\/32.1-128\/","token":"32.1\/5\/1\/32.1-128","metadata":false},{"id":70347,"structure_id":12729,"section_number":"32.1-129","catch_line":"Application for license","url":"\/32.1-129\/","token":"32.1\/5\/1\/32.1-129","metadata":false},{"id":54055,"structure_id":12729,"section_number":"32.1-130","catch_line":"Fees; Hospital and Nursing Home Licensure and Inspection Program Fund","url":"\/32.1-130\/","token":"32.1\/5\/1\/32.1-130","metadata":false},{"id":76878,"structure_id":12729,"section_number":"32.1-131","catch_line":"Expiration and renewal of licenses","url":"\/32.1-131\/","token":"32.1\/5\/1\/32.1-131","metadata":false},{"id":83021,"structure_id":12729,"section_number":"32.1-132","catch_line":"(Effective July 1, 2028) Alterations or additions to hospitals and nursing homes; when new license required; use of inpatient hospital beds for furnishing skilled care services","url":"\/32.1-132\/","token":"32.1\/5\/1\/32.1-132","metadata":false},{"id":81019,"structure_id":12729,"section_number":"32.1-133","catch_line":"Display of license","url":"\/32.1-133\/","token":"32.1\/5\/1\/32.1-133","metadata":false},{"id":82010,"structure_id":12729,"section_number":"32.1-133.1","catch_line":"Human trafficking hotline; posted notice required; civil penalty","url":"\/32.1-133.1\/","token":"32.1\/5\/1\/32.1-133.1","metadata":false},{"id":76056,"structure_id":12729,"section_number":"32.1-134","catch_line":"Family planning information in hospitals providing maternity care","url":"\/32.1-134\/","token":"32.1\/5\/1\/32.1-134","metadata":false},{"id":73607,"structure_id":12729,"section_number":"32.1-134.01","catch_line":"Certain information required for maternity patients","url":"\/32.1-134.01\/","token":"32.1\/5\/1\/32.1-134.01","metadata":false},{"id":87288,"structure_id":12729,"section_number":"32.1-134.02","catch_line":"Infants; blood sample provided to parents","url":"\/32.1-134.02\/","token":"32.1\/5\/1\/32.1-134.02","metadata":false},{"id":70187,"structure_id":12729,"section_number":"32.1-134.03","catch_line":"Maternal health; protocols and resources for hospitals and outpatient providers; report","url":"\/32.1-134.03\/","token":"32.1\/5\/1\/32.1-134.03","metadata":false},{"id":65119,"structure_id":12729,"section_number":"32.1-134.1","catch_line":"When denial, etc., to duly licensed physician of staff membership or professional privileges improper","url":"\/32.1-134.1\/","token":"32.1\/5\/1\/32.1-134.1","metadata":false},{"id":71090,"structure_id":12729,"section_number":"32.1-134.2","catch_line":"Clinical privileges for certain practitioners","url":"\/32.1-134.2\/","token":"32.1\/5\/1\/32.1-134.2","metadata":false},{"id":68078,"structure_id":12729,"section_number":"32.1-134.3","catch_line":"Response to applications for clinical privileges","url":"\/32.1-134.3\/","token":"32.1\/5\/1\/32.1-134.3","metadata":false},{"id":55369,"structure_id":12729,"section_number":"32.1-134.4","catch_line":"Right of podiatrists or advanced practice registered nurses to injunction","url":"\/32.1-134.4\/","token":"32.1\/5\/1\/32.1-134.4","metadata":false},{"id":75670,"structure_id":12729,"section_number":"32.1-135","catch_line":"Revocation or suspension of license or certification of hospital or certified nursing facility; restriction or prohibition of new admissions to certified nursing facility","url":"\/32.1-135\/","token":"32.1\/5\/1\/32.1-135","metadata":false},{"id":77485,"structure_id":12729,"section_number":"32.1-135.1","catch_line":"Certain advertisements prohibited","url":"\/32.1-135.1\/","token":"32.1\/5\/1\/32.1-135.1","metadata":false},{"id":83084,"structure_id":12729,"section_number":"32.1-135.2","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/32.1-135.2\/","token":"32.1\/5\/1\/32.1-135.2","metadata":false},{"id":53943,"structure_id":12729,"section_number":"32.1-136","catch_line":"Violation; penalties","url":"\/32.1-136\/","token":"32.1\/5\/1\/32.1-136","metadata":false},{"id":68332,"structure_id":12729,"section_number":"32.1-137","catch_line":"Certification of medical care facilities under Title XVIII of Social Security Act","url":"\/32.1-137\/","token":"32.1\/5\/1\/32.1-137","metadata":false},{"id":59084,"structure_id":12729,"section_number":"32.1-137.01","catch_line":"Posting of charity care policies","url":"\/32.1-137.01\/","token":"32.1\/5\/1\/32.1-137.01","metadata":false},{"id":76816,"structure_id":12729,"section_number":"32.1-137.010","catch_line":"Financial assistance; payment plans","url":"\/32.1-137.010\/","token":"32.1\/5\/1\/32.1-137.010","metadata":false},{"id":75514,"structure_id":12729,"section_number":"32.1-137.011","catch_line":"Childbirth; postpartum process; doulas","url":"\/32.1-137.011\/","token":"32.1\/5\/1\/32.1-137.011","metadata":false},{"id":65869,"structure_id":12729,"section_number":"32.1-137.02","catch_line":"Hospital discharge procedures","url":"\/32.1-137.02\/","token":"32.1\/5\/1\/32.1-137.02","metadata":false},{"id":65455,"structure_id":12729,"section_number":"32.1-137.03","catch_line":"Discharge planning; designation of individual to provide care","url":"\/32.1-137.03\/","token":"32.1\/5\/1\/32.1-137.03","metadata":false},{"id":79498,"structure_id":12729,"section_number":"32.1-137.04","catch_line":"Patient notice of observation or outpatient status","url":"\/32.1-137.04\/","token":"32.1\/5\/1\/32.1-137.04","metadata":false},{"id":60024,"structure_id":12729,"section_number":"32.1-137.05","catch_line":"Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service","url":"\/32.1-137.05\/","token":"32.1\/5\/1\/32.1-137.05","metadata":false},{"id":65804,"structure_id":12729,"section_number":"32.1-137.06","catch_line":"Lyme disease test result information","url":"\/32.1-137.06\/","token":"32.1\/5\/1\/32.1-137.06","metadata":false},{"id":61126,"structure_id":12729,"section_number":"32.1-137.07","catch_line":"Violations of certain provisions; penalty","url":"\/32.1-137.07\/","token":"32.1\/5\/1\/32.1-137.07","metadata":false},{"id":81633,"structure_id":12729,"section_number":"32.1-137.08","catch_line":"Medical care facilities; persons with disabilities; designated support persons","url":"\/32.1-137.08\/","token":"32.1\/5\/1\/32.1-137.08","metadata":false},{"id":80169,"structure_id":12729,"section_number":"32.1-137.09","catch_line":"Hospital emergency department CPT code data reporting","url":"\/32.1-137.09\/","token":"32.1\/5\/1\/32.1-137.09","metadata":false}],"previous_section":{"id":55917,"structure_id":12729,"section_number":"32.1-127.2","catch_line":"Repealed","url":"\/32.1-127.2\/","token":"32.1\/5\/1\/32.1-127.2","metadata":false},"next_section":{"id":59266,"structure_id":12729,"section_number":"32.1-128","catch_line":"Applicability to hospitals and nursing homes for practice of religious tenets","url":"\/32.1-128\/","token":"32.1\/5\/1\/32.1-128","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-127.3\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 785 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0444\">444<\/a>; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0748\">748<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0618\">618<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0632\">632<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0049\">49<\/a>.<\/p>","references":false,"refers_to":[{"id":59008,"section_number":"2.2-1832","catch_line":"Division of Risk Management","order_by":null,"url":"\/2.2-1832\/"}],"permalink":{"id":202967,"object_type":"law","relational_id":77664,"identifier":"32.1-127.3","token":"32.1\/5\/1\/32.1-127.3","url":"\/32.1-127.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-127.3\/","token":"32.1\/5\/1\/32.1-127.3","dublin_core":{"Title":"Immunity from liability for certain free health care services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-127.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">hospital<\/span> employee who renders health care services at his place of employment and within the limits of his licensure, certification, or multistate licensure <span class=\"dictionary\">privilege<\/span> to practice nursing, or, if such employee is not required to be licensed or certified pursuant to Title 54.1, within the scope of his employment, shall be liable for any civil <span class=\"dictionary\">damages<\/span> for any act or omission resulting from the rendering of such services to a patient of a clinic which is organized in whole or in part for the delivery of health care services without charge unless such act or omission was the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct. Such clinic shall have on record written agreements with each <span class=\"dictionary\">hospital<\/span> providing such services, and immunity shall apply only to those services provided by the <span class=\"dictionary\">hospital<\/span> without charge. <a id=\"paragraph-278554\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-127.3\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For the purposes of Article 5 (&#xA7; <a class=\"law\" title=\"Division of Risk Management\" href=\"\/2.2-1832\/\">2.2-1832<\/a> et seq.) of Chapter 18 of Title 2.2, any personnel employed by a <span class=\"dictionary\">hospital<\/span> licensed pursuant to this article and rendering health care services pursuant to subsection A shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services if (i) the <span class=\"dictionary\">hospital<\/span> has agreed in writing to provide health care services at no charge for patients referred by a clinic organized in whole or in part for the delivery of health care services without charge, (ii) the employing <span class=\"dictionary\">hospital<\/span> is registered with the Division of Risk Management, and (iii) the employee delivering such services has no legal or financial interest in the clinic from which the patient is referred. The premium for coverage of such <span class=\"dictionary\">hospital<\/span> employees under the Risk Management Plan shall be paid by the <span class=\"dictionary\">Department<\/span> of Health. <a id=\"paragraph-278555\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-127.3\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The provisions of this section shall only apply to health care personnel providing care pursuant to subsections A and B during the period in which such care is rendered. <a id=\"paragraph-278556\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-127.3\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Moreover, no officer, director or employee of any such clinic, or the clinic itself, as described in subsection A shall, in the absence of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct, be liable for civil <span class=\"dictionary\">damages<\/span> resulting from any act or omission relating to the providing of health care services without charge to patients of the clinic. <a id=\"paragraph-278557\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-127.3\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> For the purposes of this section and Article 5 (&#xA7; <a class=\"law\" title=\"Division of Risk Management\" href=\"\/2.2-1832\/\">2.2-1832<\/a> et seq.) of Chapter 18 of Title 2.2, &#8220;delivery of health care services without charge&#8221; shall be deemed to include the delivery of dental or medical services in a dental or medical clinic when a reasonable minimum fee is charged to cover administrative costs. <a id=\"paragraph-278558\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-127.3\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nIMMUNITY FROM LIABILITY FOR CERTAIN FREE HEALTH CARE SERVICES (\u00a7 32.1-127.3)\n\nA. No hospital employee who renders health care services at his place of\nemployment and within the limits of his licensure, certification, or multistate\nlicensure privilege to practice nursing, or, if such employee is not required to\nbe licensed or certified pursuant to Title 54.1, within the scope of his\nemployment, shall be liable for any civil damages for any act or omission\nresulting from the rendering of such services to a patient of a clinic which is\norganized in whole or in part for the delivery of health care services without\ncharge unless such act or omission was the result of gross negligence or willful\nmisconduct. Such clinic shall have on record written agreements with each\nhospital providing such services, and immunity shall apply only to those\nservices provided by the hospital without charge.\n\nB. For the purposes of Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18 of\nTitle 2.2, any personnel employed by a hospital licensed pursuant to this\narticle and rendering health care services pursuant to subsection A shall be\ndeemed an agent of the Commonwealth and to be acting in an authorized\ngovernmental capacity with respect to delivery of such health care services if\n(i) the hospital has agreed in writing to provide health care services at no\ncharge for patients referred by a clinic organized in whole or in part for the\ndelivery of health care services without charge, (ii) the employing hospital is\nregistered with the Division of Risk Management, and (iii) the employee\ndelivering such services has no legal or financial interest in the clinic from\nwhich the patient is referred. The premium for coverage of such hospital\nemployees under the Risk Management Plan shall be paid by the Department of\nHealth.\n\nC. The provisions of this section shall only apply to health care personnel\nproviding care pursuant to subsections A and B during the period in which such\ncare is rendered.\n\nD. Moreover, no officer, director or employee of any such clinic, or the clinic\nitself, as described in subsection A shall, in the absence of gross negligence\nor willful misconduct, be liable for civil damages resulting from any act or\nomission relating to the providing of health care services without charge to\npatients of the clinic.\n\nE. For the purposes of this section and Article 5 (&#xA7; 2.2-1832 et seq.) of\nChapter 18 of Title 2.2, &#8220;delivery of health care services without\ncharge&#8221; shall be deemed to include the delivery of dental or medical\nservices in a dental or medical clinic when a reasonable minimum fee is charged\nto cover administrative costs.\n\nHISTORY: 1993, c. 785; 1994, c. 444; 1996, c. 748; 2000, cc. 618, 632; 2004, c.\n49.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}