12-571. Qualified immunity; health
professionals; nonprofit clinics; previously owned prescription
eyeglasses
A. A health professional, as defined in section 32-3201, who provides medical or
dental treatment within the scope of the health professional's certificate or license at
a nonprofit clinic where neither the professional nor the clinic receives compensation
for any treatment provided at the clinic is not liable in a medical malpractice action,
unless such health professional was grossly negligent.
B. A health professional who, within the professional's scope of
practice, provides previously owned prescription eyeglasses free of charge through a
charitable, nonprofit or fraternal organization is not liable for an injury to the
recipient if the recipient or the recipient's parent or legal guardian has signed a
medical malpractice release form and the injury is not a direct result of the health
professional's intentional misconduct or gross negligence. For purposes of this
subsection, "medical malpractice release form" means a document that the recipient or the
recipient's parent or legal guardian signs before the recipient receives eyeglasses
pursuant to this subsection to acknowledge that the eyeglasses were not made specifically
for the recipient and to accept full responsibility for the recipient's eye safety.
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