(1) The board may issue a license to a volunteer nurse or certified midwife who meets the requirements set forth in this section. (2) A volunteer nursing or certified midwife license shall only be issued to an applicant who: (a) Currently holds a license to practice nursing, either as a practical nurse or as a professional nurse, or to practice as a certified midwife, and the license is due to expire unless renewed; or (b) Is not currently engaged in the practice of nursing or as a certified midwife either full-time or part-time and has, prior to ceasing practice, maintained full licensure in good standing in any state or territory of the United States. (3) (a) A volunteer nursing license shall permit the nurse to engage in volunteer nursing tasks within the scope of the nurse's license. (b) A volunteer certified midwife license shall permit the certified midwife to engage as a volunteer in the practice as a certified midwife within the scope of the certified midwife's license. (4) An applicant for a volunteer nursing or certified midwife license shall submit to the board an application containing the information the board may prescribe, a copy of the applicant's most recent nursing or certified midwife license, and a statement signed under penalty of perjury in which the applicant agrees not to receive compensation for any nursing tasks or tasks as a certified midwife that are performed while in possession of the license. (5) A person who possesses a volunteer nursing or certified midwife license is immune from civil liability for actions performed within the scope of the nursing or certified midwife license unless it is established that injury or death was caused by gross negligence or the willful and wanton misconduct of the licensee. The immunity provided in this subsection (5) applies only to the licensee and does not affect the liability of any other individual or entity. Nothing in this subsection (5) limits the ability of the board to take disciplinary action against a licensee. (6) The fee for a volunteer nursing or certified midwife license, including assessments for legal defense, peer assistance, and other programs for which licenses are assessed, must not exceed fifty percent of the license renewal fee, including all assessments, established by the board for an active nursing or certified midwife license. (7) The board shall design a questionnaire to be sent to all volunteer nurses and certified midwives who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or might make the licensee unfit to practice nursing or as a certified midwife with reasonable care and safety. If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (6) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire. (8) (a) The board shall deny an application for the reactivation of a practical or professional nurse license for a volunteer nurse if the board determines that the nurse requesting reactivation has not actively volunteered as a nurse for the two-year period immediately preceding the filing of the application for license reactivation or has not otherwise demonstrated continued competency to return to the active practice of nursing in a manner approved by the board. (b) The board shall deny an application for the reactivation of a certified midwife license for a volunteer certified midwife if the board determines that the certified midwife requesting reactivation has not actively volunteered as a certified midwife for the two-year period immediately preceding the filing of the application for license reactivation or has not otherwise demonstrated continued competency to return to the active practice as a certified midwife in a manner approved by the board.
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