(1) Subject to 37-1-121, the board may procure a malpractice insurance policy to provide coverage for health corps members. The coverage:
(a) may not cover any services:
(i) performed by a physician who has not paid the fee required under 37-3-804 to participate in the Montana Health Corps Act; or
(ii) provided by a health corps physician to someone other than an eligible individual;
(b) is limited to damages available pursuant to 37-3-806; and
(c) does not create, infer, or establish any agency relationship or liability by the board for any services performed under the Montana Health Corps Act.
(2) A policy purchased by the board under this section must be paid for by a fee established by the board by rule that is assessed on all physicians licensed by the board.
(3) A health corps member is not required to use insurance provided under this section. A physician's decision not to use the insurance provided under this section does not affect the physician's liability under 37-3-806.