BILL NUMBER: AB 64 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Berg
DECEMBER 4, 2006
An act to add Article 7.7 (commencing with Section 8599.5) to
Chapter 7 of Division 1 of Title 2 of the Government Code, relating
to volunteer emergency services.
LEGISLATIVE COUNSEL'S DIGEST
AB 64, as introduced, Berg. Uniform Emergency Volunteer Health
Practitioners Act.
Existing law establishes, in the Governor's office, the Office of
Emergency Services, which, among others things, coordinates state
emergency services in the event of a natural disaster. Existing law
requires the Office of Emergency Services, in consultation with
appropriate state and local governmental agencies and volunteer
agencies, to develop a plan for state and local governmental agencies
to utilize volunteer resources during a state of emergency
proclaimed by the Governor. Existing law also, until March 1, 2007,
ratifies, approves, and sets forth the provisions of the Emergency
Management Assistance Compact.
This bill would enact the Uniform Emergency Volunteer Health
Practitioners Act, which would provide procedures to register
volunteer health practitioners with valid and current licenses in
other states. The bill would allow such a volunteer to practice,
through a host entity, health or veterinary services as appropriate
pursuant to his or her license for the duration of a state or local
emergency, and would require a host entity in this state to consult
and coordinate its activities with the Office of Emergency Services
to the extent practicable. The bill would allow the office to,
pursuant to the Emergency Management Assistance Compact, incorporate
into the emergency forces of this state or a local government in this
state registered volunteer health practitioners who are not
officials or employees of this state.
This bill would set forth certain scope of practice standards for
a registered volunteer health practitioner during an emergency and
would allow the Office of Emergency Services and applicable licensing
boards to limit, restrict, or otherwise regulate specific aspects of
practice. The bill would also permit a host entity to restrict the
health or veterinary services that such a practitioner may provide.
The bill would exempt a registered volunteer health practitioner from
the unauthorized practice provisions for a health or veterinary
service unless he or she has reason to know of an applicable
limitation, modification, or restriction or that a similarly licensed
practitioner in this state would not be permitted to provide that
service. The bill would allow a health care licensing board to 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, and to impose administrative sanctions upon a
practitioner not licensed in this state for conduct in this state in
response to an in-state emergency, if certain conditions are met.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.7 (commencing with Section 8599.5) is added
to Chapter 7 of Division 1 of Title 2 of the Government Code, to
read:
Article 7.7. Uniform Emergency Volunteer Health Practitioners
Act
8599.5. This article may be cited as the Uniform Emergency
Volunteer Health Practitioners Act.
8599.51. For the purposes of this article, the following terms
have the following meanings:
(a) "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 meets either of the following requirements:
(1) It 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 Office of Emergency Services.
(2) It regularly plans and conducts its activities in coordination
with an agency of the federal government or the Office of Emergency
Services.
(b) "Emergency" means an event or condition that is a state of
emergency proclaimed pursuant to Section 8625 or a local emergency
proclaimed pursuant to Section 8630.
(c) "Emergency declaration" means a proclamation of emergency
issued pursuant to Section 8625 or 8630.
(d) "Emergency Management Assistance Compact" means the interstate
compact approved by Congress by Public Law No. 104-321 and ratified
in Article 3.7 (commencing with Section 179) of Chapter 1 of Division
1 of Title 1.
(e) "Entity" means a person other than an individual.
(f) "Health facility" means an entity licensed under the laws of
this or another state to provide health or veterinary services.
(g) "Health practitioner" means an individual licensed under the
laws of this or another state to provide health or veterinary
services.
(h) "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 all of the following:
(1) Services or supplies concerning the physical or mental
condition or functional status of an individual or affecting the
structure or function of the body, including the following:
(A) Preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care.
(B) Counseling, assessment, procedures, or other services.
(2) The sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a prescription.
(3) Funeral, cremation, cemetery, or other mortuary services.
(i) "Host entity" means an entity operating in this state that
uses volunteer health practitioners to respond to an emergency.
(j) "License" means authorization by a state to engage in health
or veterinary services that are unlawful without the authorization.
(k) "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.
(l) "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 in that
state.
(m) "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.
(n) "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 all of the following:
(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.
(2) Use of a procedure for reproductive management.
(3) Monitoring and treatment of animal populations for diseases
that have spread or demonstrate the potential to spread to humans.
(o) "Volunteer health practitioner" means a health practitioner
who provides health or veterinary services, whether or not the
practitioner receives compensation for those services. "Volunteer
health practitioner" 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.
8599.52. This article applies to volunteer health practitioners
registered with a registration system that complies with Section
8599.54 and who provide health or veterinary services in this state
for a host entity while an emergency declaration is in effect.
8599.53. (a) While an emergency declaration is in effect, the
Office of Emergency Services may limit, restrict, or otherwise
regulate all of the following:
(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.
(4) Any other matters necessary to coordinate effectively the
provision of health or veterinary services during the emergency.
(b) An order issued pursuant to subdivision (a) may take effect
immediately, without prior notice or comment, and is not a regulation
within the meaning of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3).
(c) A host entity that uses volunteer health practitioners to
provide health or veterinary services in this state shall do both of
the following:
(1) Consult and coordinate its activities with the Office of
Emergency Services to the extent practicable to provide for the
efficient and effective use of volunteer health practitioners.
(2) Comply with any laws other than this article relating to the
management of emergency health or veterinary services.
8599.54. (a) To qualify as a volunteer health practitioner
registration system, a system must do all of the following:
(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 article.
(4) Meet at least one of the following conditions:
(A) Be an emergency system for advance registration of volunteer
healthcare practitioners established by a state and funded through
the Health Resources Services Administration under Section 319I of
the Public Health Services Act (42 U.S.C. Sec. 247d-7b).
(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 Services Act (42 U.S.C. Sec.
300hh).
(C) Be operated by one of the following:
(i) A disaster relief organization.
(ii) A licensing board or bureau established pursuant to Division
2 (commencing with Section 500) of, or Chapter 12 (commencing with
Section 7600) of Division 3 of, the Business and Professions Code.
(iii) A national or regional association of licensing boards or
health practitioners.
(iv) A health facility that provides comprehensive inpatient and
outpatient health care services, including a tertiary care and
teaching hospital.
(v) A governmental entity.
(D) Be designated by the Office of Emergency Services as a
registration system for purposes of this article.
(b) While an emergency declaration is in effect, the Office of
Emergency Services, a person authorized to act on behalf of the
office, or a host entity may confirm whether volunteer health
practitioners utilized in this state are registered with a
registration system that complies with subdivision (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.
(c) Upon request of a person in this state authorized to manage
the emergency response, 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.
8599.55. (a) While an emergency declaration is in effect, a
volunteer health practitioner, registered with a registration system
that complies with Section 8599.54 and licensed and in good standing
in the state in which the practitioner's registration is based, may
practice in this state to the extent authorized by this article as if
the practitioner were licensed in this state.
(b) A volunteer health practitioner qualified under subdivision
(a) is not entitled to the protections of this article if the
practitioner is licensed in more than one state and any license of
the practitioner is suspended, revoked, or subject to an order
limiting or restricting practice privileges, or has been voluntarily
terminated under threat of sanction.
8599.56. (a) For purposes of this section, the following terms
have the following meanings:
(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 article 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.
8599.57. (a) Subject to subdivisions (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.
(b) Except as otherwise provided in subdivision (c), this article
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 applicable licensing board or bureau may modify or
restrict the health services or veterinary services regulated by that
body that volunteer health practitioners may provide pursuant to
this article. An order under this subdivision may take effect
immediately, without prior notice or comment, and is not a regulation
within the meaning of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3).
(d) A host entity may restrict the health or veterinary services
that a volunteer health practitioner may provide pursuant to this
article.
(e) A volunteer health practitioner shall not be found to have
engaged 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 either:
(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.
(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 the laws of this
state, other than this article, to regulate the conduct of health
practitioners, a licensing board or other disciplinary authority in
this state has the following powers and duties:
(1) It 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) It may impose administrative sanctions upon a practitioner not
licensed in this state for conduct in this state in response to an
in-state emergency.
(3) It 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 subdivision (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.
8599.57. (a) This article does not limit rights, privileges, or
immunities provided to volunteer health practitioners by laws other
than this article. Except as otherwise provided in subdivision (b),
this article does not affect requirements for the use of health
practitioners pursuant to the Emergency Management Assistance
Compact.
(b) The Office of Emergency Services, 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.
8599.6. The Office of Emergency Services may promulgate rules to
implement this article. In doing so, the office 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 this article and make the emergency response
systems in the various states reasonably compatible
8599.61. In applying and construing this article, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.