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S.B. 74 Enrolled

                 

MEDICAL RESERVE CORPS

                 
2005 GENERAL SESSION

                 
STATE OF UTAH

                 
Chief Sponsor: Lyle W. Hillyard

                 
House Sponsor: Fred R. Hunsaker

                 
                  LONG TITLE
                  General Description:
                      This bill authorizes the local departments of health to create and activate a medical
                  reserve corps during times of an emergency or national disaster.
                  Highlighted Provisions:
                      This bill:
                      .    authorizes the local department of health to organize, activate, and supervise a
                  medical reserve corps during a time of declared public health emergency or disaster;
                      .    amends the Occupational and Professional Practices Act to permit retired health
                  care professionals to serve in a medical reserve corps during a time of disaster or
                  emergency; and
                      .    clarifies that the Good Samaritan laws apply to health care professionals who
                  volunteer during a declared emergency or disaster.
                  Monies Appropriated in this Bill:
                      None
                  Other Special Clauses:
                      None
                  Utah Code Sections Affected:
                  AMENDS:
                      58-1-307, as last amended by Chapters 156 and 280, Laws of Utah 2004
                      58-13-2, as last amended by Chapter 3, Laws of Utah 2003
                  ENACTS:
                      26A-1-126, Utah Code Annotated 1953


                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 26A-1-126 is enacted to read:
                      26A-1-126. Medical reserve corps.
                      (1) In addition to the duties listed in Section 26A-1-114 , a local health department may
                  establish a medical reserve corps in accordance with this section.
                      (2) The purpose of a medical reserve corps is to enable a local health authority to respond
                  with appropriate health care professionals to a national, state, or local emergency, a public health
                  emergency as defined in Section 26-23b-102 , or a declaration by the president of the United
                  States or other federal official requesting public health related activities.
                      (3) When an emergency has been declared in accordance with Subsection (2), a local
                  health department may activate a medical reserve corps for the duration of the emergency.
                      (4) For purposes of this section, a medical reserve corps may include persons who:
                      (a) are licensed under Title 58, Occupations and Professions, and who are operating
                  within the scope of their practice;
                      (b) are exempt from licensure, or operating under modified scope of practice provisions
                  in accordance with Subsections 58-1-307 (4) and (5); and
                      (c) within the ten years preceding the declared emergency, held a valid license, in good
                  standing in Utah, for one of the occupations described in Subsection 58-13-2 (1), but the license
                  is not currently active.
                      (5) (a) Notwithstanding the provisions of Subsections 58-1-307 (4)(a) and (5)(b) the local
                  health department may authorize a person described in Subsection (4) to operate in a modified
                  scope of practice as necessary to respond to the declared emergency.
                      (b) A person operating as a member of an activated medical reserve corps under this
                  section:
                      (i) must be volunteering for and supervised by the local health department;
                      (ii) must comply with the provisions of this section;
                      (iii) is exempt from the licensing laws of Title 58, Occupations and Professions; and


                      (iv) must carry a certificate issued by the local health department which designates the
                  individual as a member of the medical reserve corps during the duration of the emergency.
                      (6) The local department of health may access the Division of Occupational and
                  Professional Licensing database for the purpose of determining if a person's current or expired
                  license to practice in the state was in good standing.
                      (7) The local department of health shall maintain a registry of persons who are members
                  of a medical reserve corps. The registry of the medical reserve corps shall be made available to
                  the public and to the Division of Occupational and Professional Licensing.
                      Section 2. Section 58-1-307 is amended to read:
                       58-1-307. Exemptions from licensure.
                      (1) Except as otherwise provided by statute or rule, the following persons may engage in
                  the practice of their occupation or profession, subject to the stated circumstances and limitations,
                  without being licensed under this title:
                      (a) a person serving in the armed forces of the United States, the United States Public
                  Health Service, the United States Department of Veterans Affairs, or other federal agencies while
                  engaged in activities regulated under this chapter as a part of employment with that federal
                  agency if the person holds a valid license to practice a regulated occupation or profession issued
                  by any other state or jurisdiction recognized by the division;
                      (b) a student engaged in activities constituting the practice of a regulated occupation or
                  profession while in training in a recognized school approved by the division to the extent the
                  activities are supervised by qualified faculty, staff, or designee and the activities are a defined
                  part of the training program;
                      (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
                  fellowship, apprenticeship, or on-the-job training program approved by the division while under
                  the supervision of qualified persons;
                      (d) an individual residing in another state and licensed to practice a regulated occupation
                  or profession in that state, who is called in for a consultation by an individual licensed in this
                  state, and the services provided are limited to that consultation;


                      (e) an individual who is invited by a recognized school, association, society, or other
                  body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
                  regulated occupation or profession if the individual does not establish a place of business or
                  regularly engage in the practice of the regulated occupation or profession in this state;
                      (f) an individual licensed under the laws of this state, other than under this title, to
                  practice or engage in an occupation or profession, while engaged in the lawful, professional, and
                  competent practice of that occupation or profession;
                      (g) an individual licensed in a health care profession in another state who performs that
                  profession while attending to the immediate needs of a patient for a reasonable period during
                  which the patient is being transported from outside of this state, into this state, or through this
                  state;
                      (h) an individual licensed in another state or country who is in this state temporarily to
                  attend to the needs of an athletic team or group, except that the practitioner may only attend to
                  the needs of the athletic team or group, including all individuals who travel with the team or
                  group in any capacity except as a spectator;
                      (i) an individual licensed and in good standing in another state, who is in this state:
                      (i) temporarily, under the invitation and control of a sponsoring entity;
                      (ii) for a reason associated with a special purpose event, based upon needs that may
                  exceed the ability of this state to address through its licensees, as determined by the division; and
                      (iii) for a limited period of time not to exceed the duration of that event, together with
                  any necessary preparatory and conclusionary periods;
                      (j) an individual who:
                      (i) is certified as an athletic trainer by the National Athletic Trainers Association Board
                  of Certification or another entity approved by the division;
                      (ii) is employed or officially associated with an educational institution, a professional
                  sports organization, or a bona fide amateur sports organization; and
                      (iii) only provides athletic training services:
                      (A) to athletes of the educational institution or sports organization to which the


                  individual is employed or officially associated;
                      (B) at an official athletic training, practice, or competition site; and
                      (C) that are within the scope of the individual's certification; and
                      (k) a law enforcement officer, as defined under Section 53-13-103 , who:
                      (i) is operating a voice stress analyzer in the course of the officer's full-time employment
                  with a federal, state, or local law enforcement agency;
                      (ii) has completed the manufacturer's training course and is certified by the manufacturer
                  to operate that voice stress analyzer; and
                      (iii) is operating the voice stress analyzer in accordance with Section 58-64-601 ,
                  regarding deception detection instruments.
                      (2) A practitioner temporarily in this state who is exempted from licensure under
                  Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
                  practitioner derives authority to practice. Violation of any limitation imposed by this section
                  constitutes grounds for removal of exempt status, denial of license, or other disciplinary
                  proceedings.
                      (3) An individual who is licensed under a specific chapter of this title to practice or
                  engage in an occupation or profession may engage in the lawful, professional, and competent
                  practice of that occupation or profession without additional licensure under other chapters of this
                  title, except as otherwise provided by this title.
                      (4) Upon the declaration of a national, state, or local emergency, a public health
                  emergency as defined in Section 26-23b-102 , or a declaration by the President of the United
                  States or other federal official requesting public health-related activities, the division in
                  collaboration with the board may:
                      (a) suspend the requirements for permanent or temporary licensure of persons who are
                  licensed in another state. Persons exempt under this Subsection (4)(a) shall be exempt from
                  licensure for the duration of the emergency while engaged in the scope of practice for which they
                  are licensed in the other state;
                      (b) modify, under the circumstances described in this Subsection (4) and Subsection (5),


                  the scope of practice restrictions under this title for persons who are licensed under this title as:
                      (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
                  Osteopathic Medical Practice Act;
                      (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
                  Compact;
                      (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
                      (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b, Pharmacy
                  Practice Act;
                      (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act; and
                      (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
                  Practice Act;
                      (c) suspend the requirements for licensure under this title and modify the scope of
                  practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
                  services personnel or paramedics required to be certified under Section 26-8a-302 ; [and]
                      (d) suspend requirements in Subsections 58-17b-620 (3) through (6) which require certain
                  prescriptive procedures[.]; and
                      (e) exempt or modify the requirement for licensure of a person who is activated as a
                  member of a medical reserve corps during a time of emergency as provided in Section
                  26A-1-126 .
                      (5) Persons exempt under Subsection (4)(c) and persons operating under modified scope
                  of practice provisions under Subsection (4)(b):
                      (a) shall be exempt from licensure or subject to modified scope of practice for the
                  duration of the emergency;
                      (b) must be engaged in the distribution of medicines or medical devises in response to
                  the emergency or declaration; and
                      (c) must be employed by or volunteering for a local or state department of health.
                      Section 3. Section 58-13-2 is amended to read:
                       58-13-2. Emergency care rendered by licensee.


                      (1) A person licensed under Title 58, Occupations and Professions, to practice as any of
                  the following health care professionals, who is under no legal duty to respond, and who in good
                  faith renders emergency care at the scene of an emergency gratuitously and in good faith, is not
                  liable for any civil damages as a result of any acts or omissions by the person in rendering the
                  emergency care:
                      (a) osteopathic physician;
                      (b) physician and surgeon;
                      (c) naturopathic physician;
                      (d) dentist or dental hygienist;
                      (e) chiropractic physician;
                      (f) physician assistant;
                      (g) optometrist;
                      (h) nurse licensed under Section 58-31b-301 or 58-31c-102 ;
                      (i) podiatrist;
                      (j) certified nurse midwife;
                      (k) respiratory therapist; or
                      (l) pharmacist, pharmacy technician, and pharmacy intern.
                      (2) [(a)] This Subsection (2) applies to health care professionals:
                      (a) (i) described in Subsection (1); and
                      (ii) who are under no legal duty to respond to the circumstances described in Subsection
                  [(2)(b)] (3); or
                      (b) who are activated as a member of a medical reserve corps as described in Section
                  26A-1-126 during the time of an emergency as provided in Section 26A-1-126 ; and
                      [(iii)] (c) (i) who are acting within the scope of the health care professional's license, or
                  within the scope of practice as modified under Subsection 58-1-307 (4) or Section 26A-1-126 ;
                  and
                      [(iv)] (ii) who are acting in good faith without compensation or remuneration as defined
                  in Subsection 58-13-3 (2).


                      [(b)] (3) A health care professional described in Subsection (2)[(a)] is not liable for any
                  civil damages as a result of any acts or omissions by the health care professional in rendering
                  care as a result of:
                      [(i)] (a) implementation of measures to control the causes of epidemic and
                  communicable diseases and other conditions significantly affecting the public health or necessary
                  to protect the public health as set out in Title 26A, Chapter 1, Local Health Departments;
                      [(ii)] (b) investigating and controlling suspected bioterrorism and disease as set out in
                  Title 26, Chapter 23b, Detection of Public Health Emergencies Act; and
                      [(iii)] (c) responding to a national, state, or local emergency, a public health emergency
                  as defined in Section 26-23b-102 , or a declaration by the President of the United States or other
                  federal official requesting public health-related activities.
                      [(3)] (4) The immunity in Subsection [(2)] (3) is in addition to any immunity or
                  protection in state or federal law that may apply.
                      (5) For purposes of Subsection (2)(c)(ii) remuneration does not include:
                      (a) food supplied to the volunteer;
                      (b) clothing supplied to the volunteer to help identify the volunteer during the time of the
                  emergency; or
                      (c) other similar support for the volunteer.


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