1Providing for emergency volunteer health practitioners 
2uniformity; and repealing the Counterterrorism Planning, 
3Preparedness and Response Act.

4TABLE OF CONTENTS

5Section 1. Short title.

6Section 2. Definitions.

7Section 3. Applicability to volunteer health practitioners.

8Section 4. Regulation of services during emergency.

9Section 5. Volunteer health practitioner registration systems.

10Section 6. Recognition of volunteer health practitioners
11licensed in other states.

12Section 7. No effect on credentialing and privileging.

13Section 8. Provision of volunteer health or veterinary
14services; administrative sanctions.

15Section 9. Relation to other laws.

16Section 10. Regulatory authority.

17Section 11. Limitations on civil liability.

1Section 12. Workers' compensation coverage.

2Section 13. Uniformity of application and construction.

3Section 14. Repeals.

4Section 15. Applicability.

5Section 16. Effective date.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Uniform
10Emergency Volunteer Health Practitioners Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Declaration of disaster emergency." A declaration of
16emergency issued by a person authorized to do so under the laws
17of this Commonwealth.

18"Department." The Department of Health of the Commonwealth.

19"Disaster relief organization." An entity that provides 
20emergency or disaster relief services that include health or 
21veterinary services provided by volunteer health practitioners 
22and that:

23(1) is designated or recognized as a provider of those
24services pursuant to a disaster response and recovery plan
25adopted by an agency of the Federal Government or the
26Pennsylvania Emergency Management Agency; or

27(2) regularly plans and conducts its activities in
28coordination with an agency of the Federal Government or the
29Pennsylvania Emergency Management Agency.

30"Emergency." An event or condition that is a disaster or
 

1disaster emergency.

2"Emergency Management Assistance Compact." The interstate 
3compact approved by Congress by Public Law 104-321, 110 Stat. § 
43877 and set forth in 35 Pa.C.S. § 7601 (relating to compact 
5enacted).

6"Entity." A person other than an individual.

7"Health facility." An entity licensed under the laws of this 
8Commonwealth or another state to provide health or veterinary 
9services.

10"Health practitioner." An individual licensed under the laws 
11of this Commonwealth or another state to provide health or 
12veterinary services.

13"Health services." The provision of treatment, care, advice 
14or guidance, of other services or of supplies, related to the 
15health or death of individuals or human populations, to the 
16extent necessary to respond to an emergency, including:

17(1) the following, concerning the physical or mental
18condition or functional status of an individual or affecting
19the structure or function of the body:

20(i) preventive, diagnostic, therapeutic,
21rehabilitative, maintenance or palliative care; and

22(ii) counseling, assessment, procedures or other
23services;

24(2) sale or dispensing of a drug, a device, equipment or
25another item to an individual in accordance with a
26prescription; and

27(3) funeral, cremation, cemetery or other mortuary
28services.

29"Host entity." An entity operating in this Commonwealth 
30which uses volunteer health practitioners to respond to an
 

1emergency.

2"License." Authorization by a state to engage in health or 
3veterinary services that are unlawful without the authorization. 
4The term includes authorization under the laws of this 
5Commonwealth to an individual to provide health or veterinary 
6services based upon a national certification issued by a public 
7or private entity.

8"Person." Any individual, corporation, business trust, 
9trust, partnership, limited liability company, association, 
10joint venture, public corporation, government or governmental 
11subdivision, agency or instrumentality or any other legal or 
12commercial entity.

13"Scope of practice." The extent of the authorization to 
14provide health or veterinary services granted to a health 
15practitioner by a license issued to the health practitioner in 
16the state in which the principal part of the health 
17practitioner's services are rendered, including any conditions 
18imposed by the licensing authority.

19"State." A state of the United States, the District of 
20Columbia, Puerto Rico, the Virgin Islands or any territory or 
21insular possession subject to the jurisdiction of the United 
22States.

23"Veterinary services." The provision of treatment, care, 
24advice or guidance or other services or of supplies, related to 
25the health or death of an animal or to animal populations, to 
26the extent necessary to respond to an emergency, including:

27(1) diagnosis, treatment or prevention of an animal
28disease, injury or other physical or mental condition by the
29prescription, administration or dispensing of vaccine,
30medicine, surgery or therapy;

1(2) use of a procedure for reproductive management; and

2(3) monitoring and treatment of animal populations for
3diseases that have spread or demonstrate the potential to
4spread to humans.

5"Volunteer health practitioner." A health practitioner who 
6provides health or veterinary services, whether or not the 
7health practitioner receives compensation for those services. 
8The term does not include a health practitioner who receives 
9compensation pursuant to a preexisting employment relationship 
10with a host entity or affiliate which requires the health 
11practitioner to provide health services in this Commonwealth, 
12unless the health practitioner is not a resident of this 
13Commonwealth and is employed by a disaster relief organization 
14providing services in this Commonwealth while an emergency 
15declaration is in effect.

16Section 3. Applicability to volunteer health practitioners.

17This act applies to volunteer health practitioners registered
18with a registration system that complies with section 5 and who
19provide health or veterinary services in this Commonwealth for a
20host entity while an emergency declaration is in effect.

21Section 4. Regulation of services during emergency.

22(a) Authorization.--When an emergency declaration is in 
23effect, the agency or the department may issue an order to 
24limit, restrict or otherwise regulate:

25(1) the duration of practice by volunteer health
26practitioners;

27(2) the geographical areas in which volunteer health
28practitioners may practice;

29(3) the types of volunteer health practitioners who may
30practice;

1(4) whether and to what extent volunteer health or
2veterinary services may be provided by host entities
3specifically or in general; and

4(5) any other matters necessary to coordinate
5effectively the provision of health or veterinary services
6during the emergency.

7(b) Procedure.--An order issued under subsection (a) may
8take effect immediately, without prior notice or comment, and is
9not a regulation within the meaning of:

10(1) the act of July 31, 1968 (P.L.769, No.240), referred 
11to as the Commonwealth Documents Law;

12(2) the act of October 15, 1980 (P.L.950, No.164), known 
13as the Commonwealth Attorneys Act; or

14(3) the act of June 25, 1982 (P.L.633, No.181), known as 
15the Regulatory Review Act.

16(c) Host entities.--A host entity that uses volunteer health
17practitioners to provide health or veterinary services in this
18Commonwealth shall:

19(1) consult and coordinate its activities with the
20agency and the department to the extent practicable to
21provide for the efficient and effective use of volunteer
22health practitioners; and

23(2) comply with any law other than this act relating to
24the management of emergency health or veterinary services.

25Section 5. Volunteer health practitioner registration systems.

26(a) Qualifications.--To qualify as a volunteer health
27practitioner registration system, a system must:

28(1) accept applications for the registration of
29volunteer health practitioners before or during an emergency;

30(2) include information about the licensure and good

1standing of volunteer health practitioners which is
2accessible by authorized persons;

3(3) be capable of confirming the accuracy of information
4concerning whether a health practitioner is licensed and in
5good standing before health services or veterinary services
6are provided under this act; and

7(4) meet one of the following conditions:

8(i) be an emergency system for advance registration 
9of volunteer health practitioners established by a state 
10and funded through the Health Resources Services 
11Administration under section 319I of the Public Health 
12Service Act (58 Stat. 682, 42 U.S.C. § 247d-7b), such as 
13the State Emergency Registry for Volunteers in 
14Pennsylvania (SERVPA);

15(ii) be a local unit consisting of trained and
16equipped emergency response, public health and medical
17personnel formed pursuant to section 2801 of the Public
18Health Service Act;

19(iii) be operated by a:

20(A) disaster relief organization;

21(B) licensing board;

22(C) national or regional association of
23licensing boards or health practitioners;

24(D) health facility that provides comprehensive
25inpatient and outpatient health care services,
26including a tertiary care and teaching hospital; or

27(E) governmental entity; or

28(iv) be designated by the agency as a registration
29system for purposes of this act.

30(b) Confirmation.--When an emergency declaration is in

1effect, the agency, the department or a person authorized to act
2on behalf of the agency or a host entity may confirm whether
3volunteer health practitioners utilized in this Commonwealth are
4registered with a registration system that complies with
5subsection (a). Confirmation is limited to obtaining identities
6of the volunteer health practitioners from the system and
7determining whether the system indicates that they are licensed
8and in good standing.

9(c) Notice.--Upon request of a person in this Commonwealth
10authorized under subsection (b) or a similarly authorized person
11in another state, a registration system located in this
12Commonwealth shall notify the person of the identities of
13volunteer health practitioners and whether they are licensed and
14in good standing.

15(d) Effect.--A host entity is not required to use the
16services of a volunteer health practitioner even if the health
17practitioner is registered with a registration system that
18indicates that the health practitioner is licensed and in good
19standing.

20Section 6. Recognition of volunteer health practitioners
21licensed in other states.

22(a) Practice allowed.--When an emergency declaration is in
23effect, a volunteer health practitioner, registered with a
24registration system that complies with section 5 and licensed
25and in good standing in the state upon which the health
26practitioner's registration is based, may practice in this
27Commonwealth to the extent authorized by this act as if the
28health practitioner were licensed in this Commonwealth.

29(b) Exception.--A volunteer health practitioner qualified
30under subsection (a) is not entitled to the protections of this

1act if the health practitioner is licensed in more than one
2state and any license of the health practitioner:

3(1) is suspended, revoked or subject to an agency order
4limiting or restricting practice privileges; or

5(2) has been voluntarily terminated under threat of
6sanction.

7Section 7. No effect on credentialing and privileging.

8(a) (Reserved).

9(b) General rule.--This act does not affect credentialing or
10privileging standards of a health facility and does not preclude
11a health facility from waiving or modifying those standards
12while an emergency declaration is in effect.

13(c) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection:

16"Credentialing." Obtaining, verifying and assessing the 
17qualifications of a health practitioner to provide treatment, 
18care or services in or for a health facility.

19"Privileging." The authorizing by an appropriate authority, 
20such as a governing body, of a health practitioner to provide 
21specific treatment, care or services at a health facility 
22subject to limits based on factors that include license, 
23education, training, experience, competence, health status and 
24specialized skill.

25Section 8. Provision of volunteer health or veterinary
26services; administrative sanctions.

27(a) Scope of practice.--Subject to subsections (b) and (c),
28a volunteer health practitioner shall adhere to the scope of
29practice for a similarly licensed health practitioner
30established by the licensing provisions, practice acts or other

1laws of this Commonwealth.

2(b) Outside scope of practice.--Except as otherwise provided
3in subsection (c), this act does not authorize a volunteer
4health practitioner to provide services that are outside the
5health practitioner's scope of practice, even if a similarly
6licensed health practitioner in this Commonwealth would be
7permitted to provide the services.

8(c) Department authority.--The department may modify or
9restrict the health or veterinary services that volunteer health
10practitioners may provide pursuant to this act. An order under
11this subsection may take effect immediately, without prior
12notice or comment, and is not a regulation within the meaning
13of:

14(1) the act of July 31, 1968 (P.L.769, No.240), referred 
15to as the Commonwealth Documents Law;

16(2) the act of October 15, 1980 (P.L.950, No.164), known 
17as the Commonwealth Attorneys Act; or

18(3) the act of June 25, 1982 (P.L.633, No.181), known as 
19the Regulatory Review Act.

20(d) Host entity authority.--A host entity may restrict the
21health or veterinary services that a volunteer health
22practitioner may provide pursuant to this act.

23(e) Unauthorized practice defined.--A volunteer health
24practitioner does not engage in unauthorized practice unless the
25practitioner has reason to know of any limitation, modification
26or restriction under this section or that a similarly licensed
27health practitioner in this Commonwealth would not be permitted
28to provide the services. A volunteer health practitioner has
29reason to know of a limitation, modification or restriction or
30that a similarly licensed health practitioner in this

1Commonwealth would not be permitted to provide a service if:

2(1) the health practitioner knows the limitation,
3modification or restriction exists or that a similarly
4licensed health practitioner in this Commonwealth would not
5be permitted to provide the service; or

6(2) from all the facts and circumstances known to the
7health practitioner at the relevant time, a reasonable person
8would conclude that the limitation, modification or
9restriction exists or that a similarly licensed health
10practitioner in this Commonwealth would not be permitted to
11provide the service.

12(f) Licensing boards.--In addition to the authority granted
13by laws of this Commonwealth other than this act to regulate the
14conduct of health practitioners, a licensing board or other
15disciplinary authority in this Commonwealth:

16(1) may impose administrative sanctions upon a health
17practitioner licensed in this Commonwealth for conduct
18outside of this Commonwealth in response to an out-of-State
19emergency;

20(2) may impose administrative sanctions upon a health
21practitioner not licensed in this Commonwealth for conduct in
22this Commonwealth in response to an in-State emergency; and

23(3) shall report any administrative sanctions imposed
24upon a health practitioner licensed in another state to the
25appropriate licensing board or other disciplinary authority
26in any other state in which the health practitioner is known
27to be licensed.

28(g) Discretion of licensing boards.--In determining whether
29to impose administrative sanctions under subsection (f), a
30licensing board or other disciplinary authority shall consider

1the circumstances in which the conduct took place, including any
2exigent circumstances, and the health practitioner's scope of
3practice, education, training, experience and specialized skill.

4Section 9. Relation to other laws.

5(a) Emergency Management Assistance Compact.--This act does
6not limit rights, privileges or immunities provided to volunteer
7health practitioners by laws other than this act. Except as
8otherwise provided in subsection (b), this act does not affect
9requirements for the use of health practitioners pursuant to the
10Emergency Management Assistance Compact.

11(b) Emergency forces.--The agency, pursuant to the Emergency
12Management Assistance Compact, may incorporate into the
13emergency forces of this Commonwealth volunteer health
14practitioners who are not officers or employees of this
15Commonwealth or a political subdivision.

16Section 10. Regulatory authority.

17The agency and the department may promulgate regulations to
18implement this act. In doing so, the agency and the department
19shall consider regulations promulgated by similarly empowered
20agencies in other states to promote uniformity of application of
21this act and make the emergency response systems in the various
22states reasonably compatible.

23Section 11. Limitations on civil liability.

24(a) Immunity.--A volunteer health practitioner or host
25entity that is not an agent of the Commonwealth, a Commonwealth
26agency, a political subdivision or a local agency and that
27provides health services or veterinary services in compliance
28with this act is not subject to civil liability, for the death
29or bodily injury of an individual or for loss or damage to
30property, arising out of an act or omission of the practitioner

1in providing those services to the same extent as an individual
2engaged in disaster services activities under 35 Pa.C.S. § 7704
3(relating to immunity from civil liability).

4(b) Information.--A person who, pursuant to this act, 
5operates, uses or relies upon information provided by a 
6volunteer health practitioner registration system under section 
75 is not liable for damages for an act or omission relating to 
8that operation, use or reliance unless the act or omission is an 
9intentional tort or is willful misconduct or wanton, grossly 
10negligent, reckless or criminal conduct.

11(c) Applicability.--In addition to the protections provided
12in subsection (a), a volunteer health practitioner providing
13health or veterinary services pursuant to this act is entitled
14to all the rights, privileges or immunities provided by law.

15Section 12. Workers' compensation coverage.

16(a) (Reserved).

17(b) Status of volunteer health practitioners.--A volunteer
18health practitioner who provides health services pursuant to
19this act and who is not otherwise eligible for benefits for
20injury or death under the act of June 2, 1915 (P.L.736, No.338),
21known as the Workers' Compensation Act, or the act of June 21,
221939 (P.L.566, No.284), known as The Pennsylvania Occupational
23Disease Act, or under the workers' compensation or occupational
24disease law of another state may be eligible to receive benefits
25under 35 Pa.C.S. § 7706 (relating to compensation for accidental
26injury).

27(c) Administration.--The Department of Labor and Industry
28may promulgate regulations, enter into agreements with other
29states or take other measures to facilitate the receipt of
30benefits for injury or death under the Workers' Compensation Act

1or The Pennsylvania Occupational Disease Act by volunteer health
2practitioners who reside in other states and may waive or modify
3requirements for filing, processing and paying claims that
4unreasonably burden the volunteer health practitioners. To
5promote uniformity of application of this act with other states
6that enact similar legislation, the Department of Labor and
7Industry shall consult with and consider the approaches to
8filing, processing and paying claims taken by agencies with
9similar authority in other states.

10Section 13. Uniformity of application and construction.

11In applying and construing this act, consideration must be
12given to the need to promote uniformity of the law with respect
13to its subject matter among states that enact it.

14Section 14. Repeals.

15Repeals are as follows:

16(1) The General Assembly declares that the repeal under
17paragraph (2) is necessary to effectuate this act.

18(2) The act of December 16, 2002 (P.L.1967, No.227), 
19known as the Counterterrorism Planning, Preparedness and 
20Response Act, is repealed.

21Section 15. Applicability.

22This act shall apply as follows:

23(1) The addition of section 11 of the act shall apply to
24causes of action which arise on or after the effective date
25of this paragraph.

26(2) The addition of section 12 of the act shall apply to
27claims for injuries which occur on or after the effective
28date of this paragraph.

29Section 16. Effective date.

30This act shall take effect immediately.