HF 3244

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public health; enacting the Uniform Emergency Volunteer Health
Practitioners Act; proposing coding for new law in Minnesota Statutes, chapter
145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.9305] SHORT TITLE.
new text end

new text begin Sections 145.931 to 145.939 may be cited as the Uniform Emergency Volunteer
Health Practitioners Act.
new text end

Sec. 2.

new text begin [145.931] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For purposes of sections 145.931 to 145.939, the terms
defined in subdivisions 2 to 16 have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Disaster relief organization. new text end

new text begin "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:
new text end

new text begin (1) 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
Division of Emergency Management; or
new text end

new text begin (2) regularly plans and conducts its activities in coordination with an agency of the
federal government or the Division of Emergency Management.
new text end

new text begin Subd. 3. new text end

new text begin Emergency. new text end

new text begin "Emergency" means an event or condition that is an
emergency under chapter 12.
new text end

new text begin Subd. 4. new text end

new text begin Emergency declaration. new text end

new text begin "Emergency declaration" means a declaration of
emergency issued by a person authorized to do so under the laws of this state.
new text end

new text begin Subd. 5. new text end

new text begin Emergency Management Assistance Compact. new text end

new text begin "Emergency
Management Assistance Compact" means the interstate compact approved by Congress
by Public Law 104-321 and entered into and enacted by the state by Minnesota Statutes,
section 192.89.
new text end

new text begin Subd. 6. new text end

new text begin Entity. new text end

new text begin "Entity" means a person other than an individual.
new text end

new text begin Subd. 7. new text end

new text begin Health facility. new text end

new text begin "Health facility" means an entity licensed under the laws
of this or another state to provide health or veterinary services.
new text end

new text begin Subd. 8. new text end

new text begin Health practitioner. new text end

new text begin "Health practitioner" means an individual licensed
under the laws of this or another state to provide health or veterinary services.
new text end

new text begin Subd. 9. new text end

new text begin Health services. new text end

new text begin "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:
new text end

new text begin (1) the following, concerning the physical or mental condition or functional status of
an individual or affecting the structure or function of the body:
new text end

new text begin (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative
care; and
new text end

new text begin (ii) counseling, assessment, procedures, or other services;
new text end

new text begin (2) sale or dispensing of a drug, a device, equipment, or another item to an individual
in accordance with a prescription; and
new text end

new text begin (3) funeral, cremation, cemetery, or other mortuary services.
new text end

new text begin Subd. 10. new text end

new text begin Host entity. new text end

new text begin "Host entity" means an entity operating in this state which
uses volunteer health practitioners to respond to an emergency.
new text end

new text begin Subd. 11. new text end

new text begin License. new text end

new text begin "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.
new text end

new text begin Subd. 12. new text end

new text begin Person. new text end

new text begin "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.
new text end

new text begin Subd. 13. new text end

new text begin Scope of practice. new text end

new text begin "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.
new text end

new text begin Subd. 14. new text end

new text begin State. new text end

new text begin "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.
new text end

new text begin Subd. 15. new text end

new text begin Veterinary services. new text end

new text begin "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:
new text end

new text begin (1) 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;
new text end

new text begin (2) use of a procedure for reproductive management; and
new text end

new text begin (3) monitoring and treatment of animal populations for diseases that have spread or
demonstrate the potential to spread to humans.
new text end

new text begin Subd. 16. new text end

new text begin Volunteer health practitioner. new text end

new text begin "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 which 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.
new text end

Sec. 3.

new text begin [145.932] APPLICABILITY TO VOLUNTEER HEALTH
PRACTITIONERS.
new text end

new text begin Sections 145.931 to 145.939 apply to volunteer health practitioners registered with
a registration system that complies with section 145.934 and who provide health or
veterinary services in this state for a host entity while an emergency declaration is in effect.
new text end

Sec. 4.

new text begin [145.933] REGULATION OF SERVICES DURING EMERGENCY.
new text end

new text begin (a) While an emergency declaration is in effect, the director of the Division of
Emergency Management may limit, restrict, or otherwise regulate:
new text end

new text begin (1) the duration of practice by volunteer health practitioners;
new text end

new text begin (2) the geographical areas in which volunteer health practitioners may practice;
new text end

new text begin (3) the types of volunteer health practitioners who may practice; and
new text end

new text begin (4) any other matters necessary to coordinate effectively the provision of health or
veterinary services during the emergency.
new text end

new text begin (b) An order issued pursuant to paragraph (a) may take effect immediately, without
prior notice or comment, and is not a rule within the meaning of chapter 14.
new text end

new text begin (c) A host entity that uses volunteer health practitioners to provide health or
veterinary services in this state shall:
new text end

new text begin (1) consult and coordinate its activities with the Division of Emergency Management
to the extent practicable to provide for the efficient and effective use of volunteer health
practitioners; and
new text end

new text begin (2) comply with any laws other than sections 145.931 to 145.939 relating to the
management of emergency health or veterinary services, including chapter 12 and sections
35.0661, 144.4197, and 192.89.
new text end

Sec. 5.

new text begin [145.934] VOLUNTEER HEALTH PRACTITIONER REGISTRATION
SYSTEMS.
new text end

new text begin (a) To qualify as a volunteer health practitioner registration system, a system must:
new text end

new text begin (1) accept applications for the registration of volunteer health practitioners before
or during an emergency;
new text end

new text begin (2) include information about the licensure and good standing of health practitioners
which is accessible by authorized persons;
new text end

new text begin (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 sections 145.931 to 145.939; and
new text end

new text begin (4) meet one of the following conditions:
new text end

new text begin (i) 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 Services Act, United States Code,
title 42, section 247d-7;
new text end

new text begin (ii) 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
Services Act, United States Code, title 42, section 300hh, as amended;
new text end

new text begin (iii) be operated by a:
new text end

new text begin (A) disaster relief organization;
new text end

new text begin (B) licensing board;
new text end

new text begin (C) national or regional association of licensing boards or health practitioners;
new text end

new text begin (D) health facility that provides comprehensive inpatient and outpatient health care
services, including a tertiary care and teaching hospital; or
new text end

new text begin (E) governmental entity; or
new text end

new text begin (iv) be designated by the Division of Emergency Management as a registration
system for purposes of sections 145.931 to 145.939.
new text end

new text begin (b) While an emergency declaration is in effect, the Division of Emergency
Management, a person authorized to act on behalf of the Division of Emergency
Management, or a host entity may confirm whether volunteer health practitioners utilized
in this state are registered with a registration system that complies with paragraph (a).
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.
new text end

new text begin (c) Upon request of a person in this state authorized under paragraph (b), 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.
new text end

new text begin (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.
new text end

Sec. 6.

new text begin [145.935] RECOGNITION OF VOLUNTEER HEALTH
PRACTITIONERS LICENSED IN OTHER STATES.
new text end

new text begin (a) While an emergency declaration is in effect, a volunteer health practitioner,
registered with a registration system that complies with section 145.934 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 sections 145.931 to 145.939 as if the
practitioner were licensed in this state.
new text end

new text begin (b) A volunteer health practitioner qualified under paragraph (a) is not entitled
to the protections of sections 145.931 to 145.939 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.
new text end

Sec. 7.

new text begin [145.936] NO EFFECT ON CREDENTIALING AND PRIVILEGING.
new text end

new text begin (a) In this section:
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (b) Sections 145.931 to 145.939 do not affect credentialing or privileging standards
of a health facility and do not preclude a health facility from waiving or modifying those
standards while an emergency declaration is in effect.
new text end

Sec. 8.

new text begin [145.937] PROVISION OF VOLUNTEER HEALTH OR VETERINARY
SERVICES; ADMINISTRATIVE SANCTIONS.
new text end

new text begin (a) Subject to paragraphs (b) and (c), 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.
new text end

new text begin (b) Except as otherwise provided in paragraph (c), sections 145.931 to 145.939
do 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.
new text end

new text begin (c) The Division of Emergency Management may modify or restrict the health or
veterinary services that volunteer health practitioners may provide pursuant to sections
145.931 to 145.939. An order under this paragraph may take effect immediately, without
prior notice or comment, and is not a rule within the meaning of chapter 14.
new text end

new text begin (d) A host entity may restrict the health or veterinary services that a volunteer health
practitioner may provide pursuant to sections 145.931 to 145.939.
new text end

new text begin (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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (f) In addition to the authority granted by law of this state other than sections
145.931 to 145.939 to regulate the conduct of health practitioners, a licensing board or
other disciplinary authority in this state:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (g) In determining whether to impose administrative sanctions under paragraph (f), 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.
new text end

Sec. 9.

new text begin [145.938] RELATION TO OTHER LAWS.
new text end

new text begin (a) Sections 145.931 to 145.939 do not limit rights, privileges, or immunities
provided to volunteer health practitioners by law other than sections 145.931 to 145.939.
Except as otherwise provided in paragraph (b), sections 145.931 to 145.939 do not affect
requirements for the use of health practitioners pursuant to the Emergency Management
Assistance Compact.
new text end

new text begin (b) The Division of Emergency Management, 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.
new text end

Sec. 10.

new text begin [145.939] REGULATORY AUTHORITY.
new text end

new text begin The Division of Emergency Management may adopt rules to implement sections
145.931 to 145.939. In doing so, the Division of Emergency Management shall consult
with and consider the recommendations of 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 sections 145.931 to 145.939 and make the
emergency response systems in the various states reasonably compatible.
new text end