§ 25–1.5–601. Short title
§ 25–1.5–602. Definitions
§ 25–1.5–603. Applicability to volunteer health practitioners
§ 25–1.5–604. Regulation of services during emergency
§ 25–1.5–605. Volunteer health practitioner registration systems
§ 25–1.5–606. Recognition of volunteer health practitioners licensed in other states
§ 25–1.5–607. No effect on credentialing and privileging
§ 25–1.5–608. Provision of volunteer health or veterinary services—administrative sanctions
§ 25–1.5–609. Relation to other laws
§ 25–1.5–610. Rules
§ 25–1.5–611. Civil liability for volunteer health practitioners—vicarious liability
§ 25–1.5–612. Workers' compensation coverage
§ 25–1.5–613. Uniformity of application and construction
The short title of this part 6 is the “Uniform Emergency Volunteer Health Practitioners Act”.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
In this part 6:
(1) “Disaster management agency” means the department of public health and environment.
(2) “Disaster relief organization” means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that:
(A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the disaster management agency; or
(B) Regularly plans and conducts its activities in coordination with an agency of the federal government or the disaster management agency.
(3) “Emergency” means an event or condition that is an emergency, disaster, incident of bioterrorism, emergency epidemic, pandemic influenza, or other public health emergency under section 24-33.5-704.
(4) “Emergency declaration” means a declaration of emergency issued by the governor pursuant to section 24-33.5-704.
(5) “Emergency management assistance compact” means the interstate compact approved by congress by Pub.L. 104-321, 110 Stat. 3877, part 29 of article 60 of title 24.
(6) “Entity” means a person other than an individual.
(7) “Health facility” means an entity licensed under the laws of this or another state to provide health or veterinary services.
(8) “Health practitioner” means an individual licensed under the laws of this or another state to provide health or veterinary services.
(9) “Health services” means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
(A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
(ii) Counseling, assessment, procedures, or other services;
(B) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
(C) Funeral, cremation, cemetery, or other mortuary services.
(10) “Host entity” means an entity operating in this state that uses volunteer health practitioners to respond to an emergency.
(11) “License” means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity.
(12) “Person” means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(13) “Scope of practice” means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15) “Veterinary services” means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
(A) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;
(B) Use of a procedure for reproductive management; and
(C) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.
(16) “Volunteer health practitioner” means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-603. Applicability to volunteer health practitioners
This part 6 applies to volunteer health practitioners registered with a registration system that complies with section 25-1.5-605 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-604. Regulation of services during emergency
(a) While an emergency declaration is in effect, the disaster management agency, in consultation with the department of agriculture with regard to veterinary services, may limit, restrict, or otherwise regulate:
(1) The duration of practice by volunteer health practitioners;
(2) The geographical areas in which volunteer health practitioners may practice;
(3) The types of volunteer health practitioners who may practice; and
(4) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(b) An order issued pursuant to subsection (a) of this section may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the “State Administrative Procedure Act”, article 4 of title 24.
(c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1) Consult and coordinate its activities with the disaster management agency and, with regard to veterinary services, the department of agriculture, to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2) Comply with any laws other than this part 6 relating to the management of emergency health or veterinary services, including section 12-30-103, part 2 of article 30 of title 12, and articles 200 to 225 and 235 to 300 of title 12.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017. Amended by Laws 2019, Ch. 136, § 148, eff. Oct. 1, 2019.
§ 25-1.5-605. Volunteer health practitioner registration systems
(a) To qualify as a volunteer health practitioner registration system, a system must:
(1) Accept applications for the registration of volunteer health practitioners before or during an emergency;
(2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
(3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this part 6; and
(4) Meet one of the following conditions:
(A) Be an emergency system for advance registration of volunteer health-care practitioners established by a state and funded through the health resources services administration under section 319I of the “Public Health Service Act”, 42 U.S.C. sec. 247d-7b, as amended;
(B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to section 2801 of the “Public Health Service Act”, 42 U.S.C. sec. 300hh, as amended;
(C) Be operated by a:
(i) Disaster relief organization;
(ii) Licensing board;
(iii) National or regional association of licensing boards or health practitioners;
(iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care and teaching hospital; or
(v) Governmental entity; or
(D) Be designated by the disaster management agency as a registration system for purposes of this part 6.
(b) While an emergency declaration is in effect, the disaster management agency, a person authorized to act on behalf of the disaster management agency, or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a) of this section. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c) Upon request of a person in this state authorized under subsection (b) of this section, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-606. Recognition of volunteer health practitioners licensed in other states
(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with section 25-1.5-605 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this part 6 as if the practitioner were licensed in this state.
(b) A volunteer health practitioner qualified under subsection (a) of this section is not entitled to the protections of this part 6 if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-607. No effect on credentialing and privileging
(a) In this section:
(1) “Credentialing” means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
(2) “Privileging” means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
(b) This part 6 does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-608. Provision of volunteer health or veterinary services--administrative sanctions
(a) Subject to subsections (b) and (c) of this section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
(b) Except as otherwise provided in subsection (c) of this section, this part 6 does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
(c) The disaster management agency may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this part 6, and, with regard to emergencies that require only veterinary services, the department of agriculture may modify or restrict the veterinary services that volunteer health practitioners may provide pursuant to this part 6. An order under this subsection (c) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the “State Administrative Procedure Act”, article 4 of title 24.
(d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this part 6.
(e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
(1) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
(2) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
(f) In addition to the authority granted by law of this state other than this part 6 to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
(1) May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
(2) May impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
(3) Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
(g) In determining whether to impose administrative sanctions under subsection (f) of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-609. Relation to other laws
(a) This part 6 does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this part 6. Except as otherwise provided in subsection (b) of this section, this part 6 does not affect requirements for the use of health practitioners pursuant to the emergency management assistance compact.
(b) The office of emergency management created in section 24-33.5-705, pursuant to the emergency management assistance compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
The executive director of the department of public health and environment may promulgate rules to implement this part 6. In doing so, the executive director shall consult with and consider the recommendations of the department of agriculture with regard to veterinary services and the entity established to coordinate the implementation of the emergency management assistance compact and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part 6 and make the emergency response systems in the various states reasonably compatible.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-611. Civil liability for volunteer health practitioners--vicarious liability
A volunteer health practitioner's immunity from civil liability may be affected by section 13-21-115.5.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-612. Workers' compensation coverage
(Reserved)
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.
§ 25-1.5-613. Uniformity of application and construction
In applying and construing this part 6, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Credits
Relocated and amended by Laws 2017, Ch. 244, § 1, eff. Aug. 9, 2017.