Chief Sponsor: Raymond P. Ward

Senate Sponsor: Chris H. Wilson


9     General Description:
10          This bill amends the Emergency Volunteer Health Practitioners Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     extends application of the Emergency Volunteer Health Practitioners Act to
15     emergencies declared by the president of the United States and certain local
16     government entities;
17          ▸     requires a host entity to consult with the Department of Human Services when
18     providing volunteer services under the act; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          26-49-102, as last amended by Laws of Utah 2013, Chapter 295
27          26-49-103, as enacted by Laws of Utah 2008, Chapter 242
28          26-49-201, as enacted by Laws of Utah 2008, Chapter 242
29          26-49-202, as last amended by Laws of Utah 2011, Chapter 297

30          26-49-203, as enacted by Laws of Utah 2008, Chapter 242
31          26-49-204, as enacted by Laws of Utah 2008, Chapter 242

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26-49-102 is amended to read:
35          26-49-102. Definitions.
36          As used in this chapter:
37          (1) "Department of Health" shall have the meaning provided for in Section 26-1-4.
38          (2) "Disaster relief organization" means an entity that:
39          (a) provides emergency or disaster relief services that include health or veterinary
40     services provided by volunteer health practitioners;
41          (b) is designated or recognized as a provider of the services described in Subsection
42     (2)(a) under a disaster response and recovery plan adopted by:
43          (i) an agency of the federal government;
44          (ii) the state Department of Health; or
45          (iii) a local health department; and
46          (c) regularly plans and conducts its activities in coordination with:
47          (i) an agency of the federal government;
48          (ii) the Department of Health; or
49          (iii) a local health department.
50          [(3) "Emergency" means a "state of emergency" as defined in Section 53-2a-203.]
51          [(4) "Emergency declaration" means a declaration made in accordance with Section
52     53-2a-206 or 53-2a-208.]
53          (3) "Emergency" means:
54          (a) a state of emergency declared by:
55          (i) the president of the United States;
56          (ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and
57     Recovery Act; and

58          (iii) the chief executive officer of a political subdivision in accordance with Title 53,
59     Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
60          (b) a public health emergency declared by:
61          (i) the executive director through a public health order in accordance with Title 26,
62     Utah Health Code; or
63          (ii) a local health department for a location under the local health department's
64     jurisdiction.
65          [(5)] (4) "Emergency Management Assistance Compact" means the interstate compact
66     approved by Congress by Public Law No. 104-321, 110 Stat. 3877 and adopted by Utah in Title
67     53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
68          [(6)] (5) "Entity" means a person other than an individual.
69          [(7)] (6) "Health facility" means an entity licensed under the laws of this or another
70     state to provide health or veterinary services.
71          [(8)] (7) "Health practitioner" means an individual licensed under Utah law or another
72     state to provide health or veterinary services.
73          [(9)] (8) "Health services" means the provision of treatment, care, advice, guidance,
74     other services, or supplies related to the health or death of individuals or human populations, to
75     the extent necessary to respond to an emergency, including:
76          (a) the following, concerning the physical or mental condition or functional status of an
77     individual or affecting the structure or function of the body:
78          (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or
79          (ii) counseling, assessment, procedures, or other services;
80          (b) selling or dispensing a drug, a device, equipment, or another item to an individual
81     in accordance with a prescription; and
82          (c) funeral, cremation, cemetery, or other mortuary services.
83          [(10)] (9) "Host entity":
84          (a) means an entity operating in Utah that:
85          (i) uses volunteer health practitioners to respond to an emergency; and

86          (ii) is responsible during an emergency, for actually delivering health services to
87     individuals or human populations, or veterinary services to animals or animal populations; and
88          (b) may include disaster relief organizations, hospitals, clinics, emergency shelters,
89     health care provider offices, or any other place where volunteer health practitioners may
90     provide health or veterinary services.
91          [(11)] (10) (a) "License" means authorization by a state to engage in health or
92     veterinary services that are unlawful without authorization.
93          (b) "License" includes authorization under this title to an individual to provide health
94     or veterinary services based upon a national or state certification issued by a public or private
95     entity.
96          (11) "Local emergency" means the same as that term is defined in Section 53-2a-203.
97          (12) "Local health department" [shall have the meaning provided for in Subsection]
98     means the same as that term is defined in Section 26A-1-102[(5)].
99          (13) "Person" means an individual, corporation, business trust, trust, partnership,
100     limited liability company, association, joint venture, public corporation, government or
101     governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
102          (14) "Public health emergency" means the same as that term is defined in Section
103     26-23b-102.
104          [(14)] (15) "Scope of practice" means the extent of the authorization to provide health
105     or veterinary services granted to a health practitioner by a license issued to the practitioner in
106     the state in which the principal part of the practitioner's services are rendered, including any
107     conditions imposed by the licensing authority.
108          [(15)] (16) "State" means:
109          (a) a state of the United States;
110          (b) the District of Columbia;
111          (c) Puerto Rico;
112          (d) the United States Virgin Islands; or
113          (e) any territory or insular possession subject to the jurisdiction of the United States.

114          [(16)] (17) "Veterinary services" shall have the meaning provided for in Subsection
115     58-28-102(11).
116          [(17)] (18) (a) "Volunteer health practitioner" means a health practitioner who provides
117     health or veterinary services, whether or not the practitioner receives compensation for those
118     services.
119          (b) "Volunteer health practitioner" does not include a practitioner who receives
120     compensation under a preexisting employment relationship with a host entity or affiliate that
121     requires the practitioner to provide health services in Utah, unless the practitioner is:
122          (i) not a Utah resident; and
123          (ii) employed by a disaster relief organization providing services in Utah [while an
124     emergency declaration is in effect] during an emergency.
125          Section 2. Section 26-49-103 is amended to read:
126          26-49-103. Applicability to volunteer health practitioners.
127          This chapter applies to volunteer health practitioners who:
128          (1) are registered with a registration system that complies with Section 26-49-202; and
129          (2) provide health or veterinary services in Utah for a host entity [while an emergency
130     declaration is in effect] during an emergency.
131          Section 3. Section 26-49-201 is amended to read:
132          26-49-201. Regulation of services during emergency.
133          (1) [While an emergency declaration is in effect] During an emergency, the Department
134     of Health or a local health department may limit, restrict, or otherwise regulate:
135          (a) the duration of practice by volunteer health practitioners;
136          (b) the geographical areas in which volunteer health practitioners may practice;
137          (c) the types of volunteer health practitioners who may practice; and
138          (d) any other matters necessary to coordinate effectively the provision of health or
139     veterinary services during the emergency.
140          (2) An order issued under Subsection (1) takes effect immediately, without prior notice
141     or comment, and is not a rule within the meaning of Title 63G, Chapter 3, Utah Administrative

142     Rulemaking Act, or an adjudication within the meaning of Title 63G, Chapter 4,
143     Administrative Procedures Act.
144          (3) A host entity that uses volunteer health practitioners to provide health or veterinary
145     services in Utah shall:
146          (a) to the extent practicable and in order to provide for the efficient and effective use of
147     volunteer health practitioners, consult and coordinate its activities with:
148          (i) the Department of Health;
149          (ii) local health departments; [or]
150          (iii) the [Utah] Department of Agriculture and Food; or
151          (iv) the Department of Human Services; and
152          (b) comply with all state and federal laws relating to the management of emergency
153     health or veterinary services.
154          Section 4. Section 26-49-202 is amended to read:
155          26-49-202. Volunteer health practitioner registration systems.
156          (1) To qualify as a volunteer health practitioner registration system, the registration
157     system shall:
158          (a) accept applications for the registration of volunteer health practitioners before or
159     during an emergency;
160          (b) include information about the licensure and good standing of health practitioners
161     that is accessible by authorized persons;
162          (c) be capable of confirming the accuracy of information concerning whether a health
163     practitioner is licensed and in good standing before health services or veterinary services are
164     provided under this chapter; and
165          (d) meet one of the following conditions:
166          (i) be an emergency system for advance registration of volunteer health practitioners
167     established by a state and funded through the United States Department of Health and Human
168     Services under Section 319I of the Public Health Services Act, 42 U.S.C. Sec. 247d-7b, as
169     amended;

170          (ii) be a local unit consisting of trained and equipped emergency response, public
171     health, and medical personnel formed under Section 2801 of the Public Health Services Act, 42
172     U.S.C. Sec. 300hh as amended;
173          (iii) be operated by a:
174          (A) disaster relief organization;
175          (B) licensing board;
176          (C) national or regional association of licensing boards or health practitioners;
177          (D) health facility that provides comprehensive inpatient and outpatient healthcare
178     services, including tertiary care; or
179          (E) governmental entity; or
180          (iv) be designated by the Department of Health as a registration system for purposes of
181     this chapter.
182          (2) (a) Subject to Subsection (2)(b), [while an emergency declaration is in effect]
183     during an emergency, the Department of Health, a person authorized to act on behalf of the
184     Department of Health, or a host entity shall confirm whether a volunteer health practitioner in
185     Utah is registered with a registration system that complies with Subsection (1).
186          (b) The confirmation authorized under this Subsection (2) is limited to obtaining the
187     identity of the practitioner from the system and determining whether the system indicates that
188     the practitioner is licensed and in good standing.
189          (3) Upon request of a person authorized under Subsection (2), or a similarly authorized
190     person in another state, a registration system located in Utah shall notify the person of the
191     identity of a volunteer health practitioner and whether or not the volunteer health practitioner is
192     licensed and in good standing.
193          (4) A host entity is not required to use the services of a volunteer health practitioner
194     even if the volunteer health practitioner is registered with a registration system that indicates
195     that the practitioner is licensed and in good standing.
196          Section 5. Section 26-49-203 is amended to read:
197          26-49-203. Recognition of volunteer health practitioners licensed in other states.

198          (1) [While an emergency declaration is in effect] During an emergency, a volunteer
199     health practitioner registered with a registration system that complies with Section 26-49-202
200     and licensed and in good standing in the state upon which the practitioner's registration is
201     based:
202          (a) may practice in Utah to the extent authorized by this chapter as if the practitioner
203     were licensed in Utah; and
204          (b) is exempt from:
205          (i) licensure in Utah; or
206          (ii) operating under modified scope of practice provisions in accordance with
207     Subsections 58-1-307(4) and (5).
208          (2) A volunteer health practitioner qualified under Subsection (1) is not entitled to the
209     protections of this chapter if the practitioner is licensed in more than one state and any license
210     of the practitioner:
211          (a) is suspended, revoked, or subject to an agency order limiting or restricting practice
212     privileges; or
213          (b) has been voluntarily terminated under threat of sanction.
214          Section 6. Section 26-49-204 is amended to read:
215          26-49-204. No effect on credentialing and privileging.
216          (1) For purposes of this section:
217          (a) "Credentialing" means obtaining, verifying, and assessing the qualifications of a
218     health practitioner to provide treatment, care, or services.
219          (b) "Privileging" means the authorizing by an appropriate authority of a health
220     practitioner to provide specific treatment, care, or services at a health facility subject to limits
221     based on factors that include license, education, training, experience, competence, health status,
222     and specialized skill.
223          (2) This chapter does not affect credentialing or privileging standards of a health
224     facility, and does not preclude a health facility from waiving or modifying those standards
225     [while an emergency declaration is in effect] during an emergency.