SB 307 - AS INTRODUCED
2002 SESSION
06/09
SENATE BILL 307
AN ACT relative to limitation of liability for dentists and dental hygienists working in free dental clinics.
SPONSORS: Sen. Pignatelli, Dist 13; Sen. O'Neil, Dist 18; Sen. Eaton, Dist 10; Sen. Burns, Dist 1; Sen. Cohen, Dist 24; Sen. Larsen, Dist 15; Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Rep. P. Katsakiores, Rock 13; Rep. Burnham, Ches 8; Rep. Leishman, Hills 13; Rep. Espiefs, Ches 19
This bill protects licensed dentists and dental hygienists working in free dental clinics from liability for all acts or omissions that are not willful or wanton.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02-3010
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT relative to limitation of liability for dentists and dental hygienists working in free dental clinics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Limitation of Liability for Dentists and Dental Hygienists Serving in Free Dental Clinics. Amend RSA 508 by inserting after section 20 the following new section:
508:21 Liability Limited; Dentists and Dental Hygienists.
I. Any person licensed under RSA 317-A:7 or RSA 317-A:21 to practice dentistry or to practice as a dental hygienist, who, in good faith, provides dental treatment, dental services, diagnoses, or advice as part of the services of an established free dental clinic, which is limited to care which does not require the services of a licensed hospital or ambulatory surgical center, and who receives no fee or compensation from the clinic, shall not be held liable for any damage arising out of any acts or omissions, except for willful or wanton misconduct on the part of the licensee in providing dental treatment, dental services, diagnoses, or advice.
II. For purposes of this section, a "free dental clinic" is an organized community or public health based program providing, without charge, dental care to individuals unable to pay for their care.
III. The free dental clinic shall post an explanation of the limitation of liability for dentists and dental hygienists in a conspicuous place on its premises.
2 Effective Date. This act shall take effect January 1, 2003.