HB 117

1
A bill to be entitled
2An act relating to emergency management; creating part V
3of chapter 252, F.S., the Uniform Emergency Volunteer
4Health Practitioners Act; providing definitions; providing
5for applicability of the act to specified volunteer health
6practitioners; providing for the regulation of specified
7health services by the Division of Emergency Management of
8the Department of Community Affairs, in cooperation with
9the Department of Health, the Agency for Health Care
10Administration, and the Board of Veterinary Medicine,
11while an emergency declaration is in effect; providing
12requirements with respect to volunteer health practitioner
13registration systems; providing procedures with respect to
14the use of such systems; authorizing specified volunteer
15health practitioners who are licensed outside the state to
16practice in this state; providing limitations with respect
17to the protections afforded under the act; defining
18"credentialing" and "privileging"; providing that the act
19does not affect the credentialing or privileging standards
20of a health facility and does not preclude a health
21facility from waiving or modifying those standards while
22an emergency declaration is in effect; providing for
23regulation, modification, and restriction of health or
24veterinary services provided by volunteer health
25practitioners under the act; providing for imposition of
26administrative sanctions under specified conditions;
27providing for relation of the act to other laws;
28authorizing the Division of Emergency Management, the
29Department of Health, the Agency for Health Care
30Administration, and the Board of Veterinary Medicine to
31adopt rules; providing limitations on civil liability for
32volunteer health practitioners; providing for vicarious
33liability; providing for workers' compensation coverage
34under the act; providing duties and responsibilities of
35the Division of Emergency Management, the Department of
36Health, the Agency for Health Care Administration, and the
37Board of Veterinary Medicine with respect to workers'
38compensation coverage, including the adoption of rules;
39providing for uniformity of application and construction
40of the act; providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Part V of chapter 252, Florida Statutes,
45consisting of sections 252.951, 252.952, 252.953, 252.954,
46252.955, 252.956, 252.957, 252.958, 252.959, 252.960, 252.961,
47252.962, and 252.963, is created to read:
48
49
PART V
50
UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT
51
52     252.951  Short title.--This part may be cited as the
53"Uniform Emergency Volunteer Health Practitioners Act."
54     252.952  Definitions.--As used in this part:
55     (1)  "Board of Veterinary Medicine" means the Board of
56Veterinary Medicine within the Division of Professions of the
57Department of Business and Professional Regulation.
58     (2)  "Disaster relief organization" means an entity that
59provides emergency or disaster relief services that include
60health or veterinary services provided by volunteer health
61practitioners and that:
62     (a)  Is designated or recognized as a provider of those
63services pursuant to a disaster response and recovery plan
64adopted by an agency of the Federal Government or an agency or
65political subdivision of this state; or
66     (b)  Regularly plans and conducts its activities in
67coordination with an agency of the Federal Government or an
68agency or political subdivision of this state.
69     (3)  "Division of Emergency Management" or "division" means
70the Division of Emergency Management of the Department of
71Community Affairs.
72     (4)  "Emergency" has the same meaning as that term is
73defined in s. 252.34(3).
74     (5)  "Emergency declaration" means the declaration of a
75state of emergency by executive order or proclamation of the
76Governor as provided under s. 252.36.
77     (6)  "Emergency Management Assistance Compact" means the
78interstate compact approved by Congress by Pub. L. No. 104-321,
79110 Stat. 3877, codified as part III of this chapter.
80     (7)  "Entity" means a person other than an individual.
81     (8)  "Health facility" means an entity licensed under the
82laws of this or another state to provide health or veterinary
83services.
84     (9)  "Health practitioner" means an individual licensed
85under the laws of this or another state to provide health or
86veterinary services.
87     (10)  "Health services" means the provision of treatment,
88care, advice or guidance, or other services, or supplies,
89related to the health or death of individuals or human
90populations, to the extent necessary to respond to an emergency,
91including:
92     (a)  The following, concerning the physical or mental
93condition or functional status of an individual or affecting the
94structure or function of the body:
95     1.  Preventive, diagnostic, therapeutic, rehabilitative,
96maintenance, or palliative care; and
97     2.  Counseling, assessment, procedures, or other services;
98     (b)  Sale or dispensing of a drug, a device, equipment, or
99other item to an individual in accordance with a prescription;
100and
101     (c)  Funeral, cremation, cemetery, or other mortuary
102services.
103     (11)  "Host entity" means an entity operating in this state
104which uses volunteer health practitioners to respond to an
105emergency.
106     (12)  "License" means authorization by a state to engage in
107health or veterinary services that are unlawful without the
108authorization. The term includes authorization under the laws of
109this state to an individual to provide health or veterinary
110services based upon a national certification issued by a public
111or private entity.
112     (13)  "Person" means an individual, corporation, business
113trust, trust, partnership, limited liability company,
114association, joint venture, public corporation, government or
115governmental subdivision, agency, or instrumentality, or any
116other legal or commercial entity.
117     (14)  "Scope of practice" means the extent of the
118authorization to provide health or veterinary services granted
119to a health practitioner by a license issued to the practitioner
120in the state in which the principal part of the practitioner's
121services are rendered, including any conditions imposed by the
122licensing authority.
123     (15)  "State" means a state of the United States, the
124District of Columbia, Puerto Rico, the United States Virgin
125Islands, or any territory or insular possession subject to the
126jurisdiction of the United States.
127     (16)  "Veterinary services" means the provision of
128treatment, care, advice or guidance, or other services, or
129supplies, related to the health or death of an animal or to
130animal populations, to the extent necessary to respond to an
131emergency, including:
132     (a)  Diagnosis, treatment, or prevention of an animal
133disease, injury, or other physical or mental condition by the
134prescription, administration, or dispensing of vaccine,
135medicine, surgery, or therapy;
136     (b)  Use of a procedure for reproductive management; and
137     (c)  Monitoring and treatment of animal populations for
138diseases that have spread or demonstrate the potential to spread
139to humans.
140     (17)  "Volunteer health practitioner" means a health
141practitioner who provides health or veterinary services, whether
142or not the practitioner receives compensation for those
143services. The term does not include a practitioner who receives
144compensation pursuant to a preexisting employment relationship
145with a host entity or affiliate which requires the practitioner
146to provide health services in this state, unless the
147practitioner is not a resident of this state and is employed by
148a disaster relief organization providing services in this state
149while an emergency declaration is in effect.
150     252.953  Applicability to volunteer health
151practitioners.--This part applies to volunteer health
152practitioners registered with a registration system that
153complies with s. 252.955 and who provide health or veterinary
154services in this state for a host entity while an emergency
155declaration is in effect.
156     252.954  Regulation of services during emergency.--
157     (1)  While an emergency declaration is in effect, the
158Division of Emergency Management, in conjunction with the
159Department of Health, the Agency for Health Care Administration,
160and the Board of Veterinary Medicine, may limit, restrict, or
161otherwise regulate:
162     (a)  The duration of practice by volunteer health
163practitioners;
164     (b)  The geographical areas in which volunteer health
165practitioners may practice;
166     (c)  The types of volunteer health practitioners who may
167practice; and
168     (d)  Any other matters necessary to coordinate effectively
169the provision of health or veterinary services during the
170emergency.
171     (2)  An order issued pursuant to subsection (1) may take
172effect immediately, without prior notice or comment, and is not
173a rule pursuant to chapter 120.
174     (3)  A host entity that uses volunteer health practitioners
175to provide health or veterinary services in this state shall:
176     (a)  Consult and coordinate its activities with the
177Division of Emergency Management, the Department of Health, the
178Agency for Health Care Administration, and the Board of
179Veterinary Medicine to the extent practicable to provide for the
180efficient and effective use of volunteer health practitioners;
181and
182     (b)  Comply with any laws other than this part relating to
183the management of emergency health or veterinary services.
184     252.955  Volunteer health practitioner registration
185systems.--
186     (1)  To qualify as a volunteer health practitioner
187registration system, a system must:
188     (a)  Accept applications for the registration of volunteer
189health practitioners before or during an emergency;
190     (b)  Include information about the licensure and good
191standing of health practitioners which is accessible by
192authorized persons;
193     (c)  Be capable of confirming the accuracy of information
194concerning whether a health practitioner is licensed and in good
195standing before health services or veterinary services are
196provided under this part; and
197     (d)  Meet one of the following conditions:
198     1.  Be an emergency system for advance registration of
199volunteer health practitioners established by a state and funded
200through the United States Department of Health and Human
201Services under Section 319I of the United States Public Health
202Services Act, 42 U.S.C. s. 247d-7b, as amended;
203     2.  Be a local unit consisting of trained and equipped
204emergency response, public health, and medical personnel formed
205pursuant to Section 2801 of the United States Public Health
206Services Act, 42 U.S.C. s. 300hh, as amended;
207     3.  Be operated by a:
208     a.  Disaster relief organization;
209     b.  Licensing board;
210     c.  National or regional association of licensing boards or
211health practitioners;
212     d.  Health facility that provides comprehensive inpatient
213and outpatient health care services, including a tertiary care
214and teaching hospital; or
215     e.  Governmental entity; or
216     4.  Be designated by the Division of Emergency Management,
217in cooperation with the Department of Health, the Agency for
218Health Care Administration, and the Board of Veterinary
219Medicine, as a registration system for purposes of this part.
220     (2)  While an emergency declaration is in effect, the
221Division of Emergency Management, the Department of Health, the
222Agency for Health Care Administration, and the Board of
223Veterinary Medicine, a person authorized to act on behalf of the
224division, department, agency, or board, or a host entity may
225confirm whether volunteer health practitioners utilized in this
226state are registered with a registration system that complies
227with subsection (1). Confirmation is limited to obtaining
228identities of the practitioners from the system and determining
229whether the system indicates that the practitioners are licensed
230and in good standing.
231     (3)  Upon request of a person in this state authorized
232under subsection (2), or a similarly authorized person in
233another state, a registration system located in this state shall
234notify the person of the identities of volunteer health
235practitioners and whether the practitioners are licensed and in
236good standing.
237     (4)  A host entity is not required to use the services of a
238volunteer health practitioner even if the practitioner is
239registered with a registration system that indicates that the
240practitioner is licensed and in good standing.
241     252.956  Recognition of volunteer health practitioners
242licensed in other states.--
243     (1)  While an emergency declaration is in effect, a
244volunteer health practitioner, registered with a registration
245system that complies with s. 252.955 and licensed and in good
246standing in the state upon which the practitioner's registration
247is based, may practice in this state to the extent authorized by
248this part as if the practitioner were licensed in this state.
249     (2)  A volunteer health practitioner qualified under
250subsection (1) is not entitled to the protections of this part
251if the practitioner is licensed in more than one state and any
252license of the practitioner is suspended, revoked, or subject to
253an agency order limiting or restricting practice privileges, or
254has been voluntarily terminated under threat of sanction.
255     252.957  No effect on credentialing and privileging.--
256     (1)  As used in this section:
257     (a)  "Credentialing" means obtaining, verifying, and
258assessing the qualifications of a health practitioner to provide
259treatment, care, or services in or for a health facility.
260     (b)  "Privileging" means the authorizing by an appropriate
261authority, such as a governing body, of a health practitioner to
262provide specific treatment, care, or services at a health
263facility subject to limits based on factors that include
264license, education, training, experience, competence, health
265status, and specialized skill.
266     (2)  This part does not affect credentialing or privileging
267standards of a health facility and does not preclude a health
268facility from waiving or modifying those standards while an
269emergency declaration is in effect.
270     252.958  Provision of volunteer health or veterinary
271services; administrative sanctions.--
272     (1)  Subject to subsections (2) and (3), a volunteer health
273practitioner shall adhere to the scope of practice for a
274similarly licensed practitioner established by the licensing
275provisions, practice acts, or other laws of this state.
276     (2)  Except as otherwise provided in subsection (3), this
277part does not authorize a volunteer health practitioner to
278provide services that are outside the practitioner's scope of
279practice, even if a similarly licensed practitioner in this
280state would be permitted to provide such services.
281     (3)  The Division of Emergency Management, in cooperation
282with the Department of Health, the Agency for Health Care
283Administration, and the Board of Veterinary Medicine, may modify
284or restrict the health or veterinary services that volunteer
285health practitioners may provide pursuant to this part. An order
286under this subsection may take effect immediately, without prior
287notice or comment, and is not a rule pursuant to chapter 120.
288     (4)  A host entity may restrict the health or veterinary
289services that a volunteer health practitioner may provide
290pursuant to this part.
291     (5)  A volunteer health practitioner is not deemed to be
292engaging in unauthorized practice unless the practitioner has
293reason to know of any limitation, modification, or restriction
294under this section or that a similarly licensed practitioner in
295this state would not be permitted to provide the services. A
296volunteer health practitioner has reason to know of a
297limitation, modification, or restriction or that a similarly
298licensed practitioner in this state would not be permitted to
299provide a service if:
300     (a)  The practitioner knows the limitation, modification,
301or restriction exists or that a similarly licensed practitioner
302in this state would not be permitted to provide the service; or
303     (b)  From all the facts and circumstances known to the
304practitioner at the relevant time, a reasonable person would
305conclude that the limitation, modification, or restriction
306exists or that a similarly licensed practitioner in this state
307would not be permitted to provide the service.
308     (6)  In addition to the authority granted by the law of
309this state other than this part to regulate the conduct of
310health practitioners, a licensing board or other disciplinary
311authority in this state:
312     (a)  May impose administrative sanctions upon a health
313practitioner licensed in this state for conduct outside of this
314state in response to an out-of-state emergency;
315     (b)  May impose administrative sanctions upon a health
316practitioner not licensed in this state for conduct in this
317state in response to an in-state emergency; and
318     (c)  Shall report any administrative sanctions imposed upon
319a practitioner licensed in another state to the appropriate
320licensing board or other disciplinary authority in any other
321state in which the practitioner is known to be licensed.
322     (7)  In determining whether to impose administrative
323sanctions under subsection (6), a licensing board or other
324disciplinary authority shall consider the circumstances in which
325the conduct took place, including any exigent circumstances, and
326the practitioner's scope of practice, education, training,
327experience, and specialized skill.
328     252.959  Relation to other laws.--
329     (1)  This part does not limit rights, privileges, or
330immunities provided to volunteer health practitioners by laws
331other than this part. Except as otherwise provided in subsection
332(2), this part does not affect requirements for the use of
333health practitioners pursuant to the Emergency Management
334Assistance Compact.
335     (2)  The Division of Emergency Management, in cooperation
336with the Department of Health, the Agency for Health Care
337Administration, and the Board of Veterinary Medicine, pursuant
338to the Emergency Management Assistance Compact, may incorporate
339into the emergency forces of this state volunteer health
340practitioners who are not officers or employees of this state, a
341political subdivision of this state, or a municipality or other
342local government within this state.
343     252.960  Regulatory authority.--The Division of Emergency
344Management, the Department of Health, the Agency for Health Care
345Administration, and the Board of Veterinary Medicine may adopt
346rules to implement this part. In doing so, the division, the
347department, the agency, and the board shall consult with and
348consider the recommendations of the entity established to
349coordinate the implementation of the Emergency Management
350Assistance Compact and shall also consult with and consider
351rules adopted by similarly empowered agencies in other states to
352promote uniformity of application of this part and make the
353emergency response systems in the various states reasonably
354compatible.
355     252.961  Limitations on civil liability for volunteer
356health practitioners; vicarious liability.--
357     (1)  Subject to subsection (3), a volunteer health
358practitioner who provides health or veterinary services pursuant
359to this part is not liable for damages for an act or omission of
360the practitioner in providing those services.
361     (2)  No person is vicariously liable for damages for an act
362or omission of a volunteer health practitioner if the
363practitioner is not liable for the damages under subsection (1).
364     (3)  This section does not limit the liability of a
365volunteer health practitioner for:
366     (a)  Willful misconduct or wanton, grossly negligent,
367reckless, or criminal conduct;
368     (b)  An intentional tort;
369     (c)  Breach of contract;
370     (d)  A claim asserted by a host entity or by an entity
371located in this or another state which employs or uses the
372services of the practitioner; or
373     (e)  An act or omission relating to the operation of a
374motor vehicle, vessel, aircraft, or other vehicle.
375     (4)  A person that, pursuant to this part, operates, uses,
376or relies upon information provided by a volunteer health
377practitioner registration system is not liable for damages for
378an act or omission relating to such operation, use, or reliance
379unless the act or omission is an intentional tort or is willful
380misconduct or wanton, grossly negligent, reckless, or criminal
381conduct.
382     252.962  Workers' compensation coverage.--
383     (1)  For purposes of this section, "injury" means a
384physical or mental injury or disease for which an employee of
385this state who is injured or contracts the disease in the course
386of the employee's employment would be entitled to benefits under
387the workers' compensation law of this state.
388     (2)  A volunteer health practitioner who dies or is injured
389as the result of providing health or veterinary services
390pursuant to this part is deemed to be an employee of this state
391for the purpose of receiving benefits for the death or injury
392under chapter 440, the Workers' Compensation Law, if:
393     (a)  The practitioner is not otherwise eligible for such
394benefits for the injury or death under the law of this or of
395another state; and
396     (b)  The practitioner, or in the case of death the
397practitioner's personal representative, elects coverage under
398the workers' compensation law of this state by making a claim
399under that law.
400     (3)  The Division of Emergency Management, the Department
401of Health, the Agency for Health Care Administration, and the
402Board of Veterinary Medicine shall adopt rules, enter into
403agreements with other states, or take other measures to
404facilitate the receipt of benefits for injury or death under the
405workers' compensation law of this state by volunteer health
406practitioners who reside in other states, and may waive or
407modify requirements for filing, processing, and paying claims
408that unreasonably burden the practitioners. To promote
409uniformity of application of this part with other states that
410enact similar legislation, the Division of Emergency Management,
411the Department of Health, the Agency for Health Care
412Administration, and the Board of Veterinary Medicine shall
413consult with and consider the practices for filing, processing,
414and paying claims by agencies with similar authority in other
415states.
416     252.963  Uniformity of application and construction.--In
417applying and construing this uniform act, consideration must be
418given to the need to promote uniformity of the law with respect
419to its subject matter among states that enact it.
420     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.