BILL NUMBER: AB 64	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Berg
   (Coauthors: Assembly Members Beall, De Leon, DeVore, Huffman,
Horton, Jeffries, Jones, Krekorian, Niello, Portantino, Richardson,
and Wolk)

                        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 amended, Berg. Uniform Emergency Volunteer Health
Practitioners Act.
   Existing law establishes the Emergency Medical Services Authority,
in the Health and Welfare Agency, to establish planning and
implementation guidelines for emergency medical service systems, as
specified. The guidelines are required to address, among other
things, disaster response, and the authority is required to provide
technical assistance to existing agencies, counties, and cities for
the purpose of developing the components of emergency medical
services systems. The authority is required to adopt rules and
regulations, approved by the Commission on Emergency Medical
Services, in order to carry out its duties.
   This bill would enact the Uniform Emergency Volunteer Health
Practitioners Act, which would provide procedures to register  in
this state  volunteer health practitioners with valid and
current licenses in other states. The bill would allow  such
 a volunteer to provide in this state, through a host
entity, health or veterinary services as appropriate pursuant to his
or her license for the duration of a state, local or health emergency
or a state of war, and would require a host entity in this state to
consult and coordinate its activities with the Emergency Medical
Services Authority to the extent practicable.
   This bill would set forth certain scope of practice standards for
a registered volunteer health practitioner during an emergency and
would allow the Emergency Medical Services Authority 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  volunteer  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.
 This bill would also provide that volunteer health practitioners
providing services in California shall be considered agents or
employees of   the state for the purpose of workers'
compensation coverage while performing services in this state or
traveling to or from this state for that purpose.  The bill
would authorize the authority to promulgate rules, after approval by
the Commission on Emergency Medical Services, in order to implement
the provisions of the Uniform Emergency Volunteer Health
Practitioners Act.
   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 Emergency Medical Services
Authority.
   (2) It regularly plans and conducts its activities in coordination
with an agency of the federal government or the Emergency Medical
Services Authority.
   (b) "Emergency" means an event or condition that is a state of
emergency proclaimed pursuant to Section 8588 or 8625, a local
emergency proclaimed pursuant to Section 8630, a health emergency
proclaimed pursuant to Section 101080 of the Health and Safety Code,
or a state of war.
   (c) "Emergency declaration" means a proclamation of emergency
issued pursuant to Section 8588, 8625, or 8630, a declaration of
health emergency pursuant to Section 101080 of the Health and Safety
Code, or a declaration of war by  the President of 
the United States.
   (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.
The term includes authorization under the laws of California to
provide health or veterinary services based upon a national
certification issued by a public or private entity.
   (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
Emergency Medical Services Authority 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 Emergency
Medical Services Authority 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 supplying sufficient information about
registered volunteer health practitioners to the Emergency Medical
Services Authority, or a similar designated agency, in order to allow
that authority or agency to confirm 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
health care 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, state, 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 Emergency Medical Services Authority as a
registration system for purposes of this article.
   (b) While an emergency declaration is in effect, the Emergency
Medical Services Authority, a person authorized to act on behalf of
the authority, 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.
   (c) Nothing in this article is intended to modify the licensing
requirements imposed on any health practitioner by licensing or
regulatory provisions contained in Division 2 (commencing with
Section 500) of the Business and Professions Code or by any other
laws or regulations of this state, in the absence of an emergency
declaration, as that term is defined in subdivision (c) of Section
8599.51.
   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.
   8599.58.  This article does not limit rights, privileges, or
immunities provided to volunteer health practitioners by laws
 other than   other than  this article.

   8599.59.  A volunteer health practitioner who is providing health
or veterinary services in this state pursuant to this article, or who
is traveling to or from this state to provide those services, shall
be considered an employee of this state for purposes of worker's
compensation coverage concerning any injury, occupational illness, or
death incurred by the practitioner in providing the services or in
traveling to or from this state to provide the services. Worker's
compensation benefits for volunteer health practitioners are limited
to those benefits provided to state employees under the laws of this
state. 
   8599.6.  The Emergency Medical Services Authority may promulgate
rules, after approval by the Commission on Emergency Medical
Services, to implement this article. In doing so, the authority 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.