1Amending Titles 35 (Health and Safety) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, establishing a system for the use of volunteer
4health practitioners; providing reasonable safeguards to
5assure that health practitioners are appropriately licensed
6and regulated to protect the public's health; providing for
7applicability of workers' compensation and occupational
8disease law; and providing for limitation of civil damages.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 7706(a) introductory paragraph of Title
1235 of the Pennsylvania Consolidated Statutes is amended to read:

13§ 7706. Compensation for accidental injury.

14(a) Benefits.--[All] Except as set forth in section 7912 
15(relating to workers' compensation coverage), all duly enrolled
16emergency management volunteers, and such other volunteers as
17the agency shall by regulation qualify, who are not eligible to
18receive benefits under the Workmen's Compensation Laws shall be
19entitled, except during a state of war or period of armed

1conflict within the continental limits of the United States, to
2the following benefits relating to injuries sustained while
3actually engaged in emergency management activities and services
4or in or en route to and from emergency management tests,
5drills, exercises or operations authorized by the Pennsylvania
6Emergency Management Agency and carried out in accordance with
7rules and orders promulgated and adopted by the agency:

8* * *

9Section 2. Title 35 is amended by adding a chapter to read:

10CHAPTER 79

11UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS

12Sec.

137901. Short title of chapter.

147902. Definitions.

157903. Applicability to volunteer health practitioners.

167904. Regulation of services during emergency.

177905. Volunteer health practitioner registration systems.

187906. Recognition of volunteer health practitioners licensed in
19other states.

207907. No effect on credentialing and privileging.

217908. Provision of volunteer health or veterinary services;
22administrative sanctions.

237909. Relation to other laws.

247910. Regulatory authority.

257911. Limitations on civil liability for volunteer health
26practitioners.

277912. Workers' compensation coverage.

287913. Uniformity of application and construction.

29§ 7901. Short title of chapter.

30This chapter shall be known and may be cited as the Uniform

1Emergency Volunteer Health Practitioners Act.

2§ 7902. Definitions.

3The following words and phrases when used in this chapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

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

7"Disaster relief organization." An entity that provides 
8emergency or disaster relief services that include health or 
9veterinary services provided by volunteer health practitioners 
10and that:

11(1) is designated or recognized as a provider of those
12services pursuant to a disaster response and recovery plan
13adopted by an agency of the Federal Government or the
14Pennsylvania Emergency Management Agency; or

15(2) regularly plans and conducts its activities in
16coordination with an agency of the Federal Government or the
17Pennsylvania Emergency Management Agency.

18"Emergency." An event or condition that is a disaster or 
19disaster emergency.

20"Emergency declaration." A declaration of emergency issued 
21by a person authorized to do so under the laws of this 
22Commonwealth.

23"Emergency Management Assistance Compact." The interstate 
24compact approved by Congress by Public Law 104-321, 110 Stat. 
253877 and set forth in section 7601 (relating to compact 
26enacted).

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

28"Health facility." An entity licensed under the laws of this 
29Commonwealth or another state to provide health or veterinary 
30services.

1"Health practitioner." An individual licensed under the laws 
2of this Commonwealth or another state to provide health or 
3veterinary services.

4"Health services." The provision of treatment, care, advice 
5or guidance, of other services or of supplies, related to the 
6health or death of individuals or human populations, to the 
7extent necessary to respond to an emergency, including:

8(1) the following, concerning the physical or mental
9condition or functional status of an individual or affecting
10the structure or function of the body:

11(i) preventive, diagnostic, therapeutic,
12rehabilitative, maintenance or palliative care; and

13(ii) counseling, assessment, procedures or other
14services;

15(2) sale or dispensing of a drug, a device, equipment or
16another item to an individual in accordance with a
17prescription; and

18(3) funeral, cremation, cemetery or other mortuary
19services.

20"Host entity." An entity operating in this Commonwealth 
21which uses volunteer health practitioners to respond to an 
22emergency.

23"License." Authorization by a state to engage in health or 
24veterinary services that are unlawful without the authorization. 
25The term includes authorization under the laws of this 
26Commonwealth to an individual to provide health or veterinary 
27services based upon a national certification issued by a public 
28or private entity.

29"Person." Any individual, corporation, business trust, 
30trust, partnership, limited liability company, association, 

1joint venture, public corporation, government or governmental 
2subdivision, agency or instrumentality or any other legal or 
3commercial entity.

4"Scope of practice." The extent of the authorization to 
5provide health or veterinary services granted to a health 
6practitioner by a license issued to the health practitioner in 
7the state in which the principal part of the health 
8practitioner's services are rendered, including any conditions 
9imposed by the licensing authority.

10"State." A state of the United States, the District of 
11Columbia, Puerto Rico, the Virgin Islands or any territory or 
12insular possession subject to the jurisdiction of the United 
13States.

14"Veterinary services." The provision of treatment, care, 
15advice or guidance or other services or of supplies, related to 
16the health or death of an animal or to animal populations, to 
17the extent necessary to respond to an emergency, including:

18(1) diagnosis, treatment or prevention of an animal
19disease, injury or other physical or mental condition by the
20prescription, administration or dispensing of vaccine,
21medicine, surgery or therapy;

22(2) use of a procedure for reproductive management; and

23(3) monitoring and treatment of animal populations for
24diseases that have spread or demonstrate the potential to
25spread to humans.

26"Volunteer health practitioner." A health practitioner who 
27provides health or veterinary services, whether or not the 
28health practitioner receives compensation for those services. 
29The term does not include a health practitioner who receives 
30compensation pursuant to a preexisting employment relationship 

1with a host entity or affiliate which requires the health 
2practitioner to provide health services in this Commonwealth, 
3unless the health practitioner is not a resident of this 
4Commonwealth and is employed by a disaster relief organization 
5providing services in this Commonwealth while an emergency 
6declaration is in effect.

7§ 7903. Applicability to volunteer health practitioners.

8This chapter applies to volunteer health practitioners
9registered with a registration system that complies with section
107905 (relating to volunteer health practitioner registration
11systems) and who provide health or veterinary services in this
12Commonwealth for a host entity while an emergency declaration is
13in effect.

14§ 7904. Regulation of services during emergency.

15(a) Authorization.--When an emergency declaration is in 
16effect, the agency or the department may issue an order to 
17limit, restrict or otherwise regulate:

18(1) the duration of practice by volunteer health
19practitioners;

20(2) the geographical areas in which volunteer health
21practitioners may practice;

22(3) the types of volunteer health practitioners who may
23practice; and

24(4) any other matters necessary to coordinate
25effectively the provision of health or veterinary services
26during the emergency.

27(b) Procedure.--An order issued under subsection (a) may
28take effect immediately, without prior notice or comment, and is
29not a regulation within the meaning of:

30(1) the act of July 31, 1968 (P.L.769, No.240), referred 

1to as the Commonwealth Documents Law;

2(2) the act of October 15, 1980 (P.L.950, No.164), known 
3as the Commonwealth Attorneys Act; or

4(3) the act of June 25, 1982 (P.L.633, No.181), known as 
5the Regulatory Review Act.

6(c) Host entities.--A host entity that uses volunteer health
7practitioners to provide health or veterinary services in this
8Commonwealth shall:

9(1) consult and coordinate its activities with the
10agency and the department to the extent practicable to
11provide for the efficient and effective use of volunteer
12health practitioners; and

13(2) comply with any law other than this chapter relating
14to the management of emergency health or veterinary services.

15§ 7905. Volunteer health practitioner registration systems.

16(a) Qualifications.--To qualify as a volunteer health
17practitioner registration system, a system must:

18(1) accept applications for the registration of
19volunteer health practitioners before or during an emergency;

20(2) include information about the licensure and good
21standing of volunteer health practitioners which is
22accessible by authorized persons;

23(3) be capable of confirming the accuracy of information
24concerning whether a health practitioner is licensed and in
25good standing before health services or veterinary services
26are provided under this chapter; and

27(4) meet one of the following conditions:

28(i) be an emergency system for advance registration 
29of volunteer health practitioners established by a state 
30and funded through the Health Resources Services 

1Administration under section 319I of the Public Health 
2Service Act (58 Stat. 682, 42 U.S.C. § 247d-7b);

3(ii) be a local unit consisting of trained and 
4equipped emergency response, public health and medical 
5personnel formed pursuant to section 2801 of the Public 
6Health Service Act (42 U.S.C. § 300hh);

7(iii) be operated by a:

8(A) disaster relief organization;

9(B) licensing board;

10(C) national or regional association of
11licensing boards or health practitioners;

12(D) health facility that provides comprehensive
13inpatient and outpatient health care services,
14including a tertiary care and teaching hospital; or

15(E) governmental entity; or

16(iv) be designated by the agency as a registration
17system for purposes of this chapter.

18(b) Confirmation.--When an emergency declaration is in
19effect, the agency, a person authorized to act on behalf of the
20agency or a host entity may confirm whether volunteer health
21practitioners utilized in this Commonwealth are registered with
22a registration system that complies with subsection (a).
23Confirmation is limited to obtaining identities of the volunteer
24health practitioners from the system and determining whether the
25system indicates that they are licensed and in good standing.

26(c) Notice.--Upon request of a person in this Commonwealth
27authorized under subsection (b) or a similarly authorized person
28in another state, a registration system located in this
29Commonwealth shall notify the person of the identities of
30volunteer health practitioners and whether they are licensed and

1in good standing.

2(d) Effect.--A host entity is not required to use the
3services of a volunteer health practitioner even if the health
4practitioner is registered with a registration system that
5indicates that the health practitioner is licensed and in good
6standing.

7§ 7906. Recognition of volunteer health practitioners licensed
8in other states.

9(a) Practice allowed.--When an emergency declaration is in
10effect, a volunteer health practitioner, registered with a
11registration system that complies with section 7905 (relating to
12volunteer health practitioner registration systems) and licensed
13and in good standing in the state upon which the health
14practitioner's registration is based, may practice in this
15Commonwealth to the extent authorized by this chapter as if the
16health practitioner were licensed in this Commonwealth.

17(b) Exception.--A volunteer health practitioner qualified
18under subsection (a) is not entitled to the protections of this
19chapter if the health practitioner is licensed in more than one
20state and any license of the health practitioner:

21(1) is suspended, revoked or subject to an agency order
22limiting or restricting practice privileges; or

23(2) has been voluntarily terminated under threat of
24sanction.

25§ 7907. No effect on credentialing and privileging.

26(a) (Reserved).

27(b) General rule.--This chapter does not affect
28credentialing or privileging standards of a health facility and
29does not preclude a health facility from waiving or modifying
30those standards while an emergency declaration is in effect.

1(c) Definitions.--As used in this section, the following
2words and phrases shall have the meanings given to them in this
3subsection:

4"Credentialing." Obtaining, verifying and assessing the 
5qualifications of a health practitioner to provide treatment, 
6care or services in or for a health facility.

7"Privileging." The authorizing by an appropriate authority, 
8such as a governing body, of a health practitioner to provide 
9specific treatment, care or services at a health facility 
10subject to limits based on factors that include license, 
11education, training, experience, competence, health status and 
12specialized skill.

13§ 7908. Provision of volunteer health or veterinary services;
14administrative sanctions.

15(a) Scope of practice.--Subject to subsections (b) and (c),
16a volunteer health practitioner shall adhere to the scope of
17practice for a similarly licensed health practitioner
18established by the licensing provisions, practice acts or other
19laws of this Commonwealth.

20(b) Outside scope of practice.--Except as otherwise provided
21in subsection (c), this chapter does not authorize a volunteer
22health practitioner to provide services that are outside the
23health practitioner's scope of practice, even if a similarly
24licensed health practitioner in this Commonwealth would be
25permitted to provide the services.

26(c) Department authority.--The department may modify or
27restrict the health or veterinary services that volunteer health
28practitioners may provide pursuant to this chapter. An order
29under this subsection may take effect immediately, without prior
30notice or comment, and is not a regulation within the meaning

1of:

2(1) the act of July 31, 1968 (P.L.769, No.240), referred 
3to as the Commonwealth Documents Law;

4(2) the act of October 15, 1980 (P.L.950, No.164), known 
5as the Commonwealth Attorneys Act; or

6(3) the act of June 25, 1982 (P.L.633, No.181), known as 
7the Regulatory Review Act.

8(d) Host entity authority.--A host entity may restrict the
9health or veterinary services that a volunteer health
10practitioner may provide pursuant to this chapter.

11(e) Unauthorized practice defined.--A volunteer health
12practitioner does not engage in unauthorized practice unless the
13practitioner has reason to know of any limitation, modification
14or restriction under this section or that a similarly licensed
15health practitioner in this Commonwealth would not be permitted
16to provide the services. A volunteer health practitioner has
17reason to know of a limitation, modification or restriction or
18that a similarly licensed health practitioner in this
19Commonwealth would not be permitted to provide a service if:

20(1) the health practitioner knows the limitation,
21modification or restriction exists or that a similarly
22licensed health practitioner in this Commonwealth would not
23be permitted to provide the service; or

24(2) from all the facts and circumstances known to the
25health practitioner at the relevant time, a reasonable person
26would conclude that the limitation, modification or
27restriction exists or that a similarly licensed health
28practitioner in this Commonwealth would not be permitted to
29provide the service.

30(f) Licensing boards.--In addition to the authority granted

1by laws of this Commonwealth other than this chapter to regulate
2the conduct of health practitioners, a licensing board or other
3disciplinary authority in this Commonwealth:

4(1) may impose administrative sanctions upon a health
5practitioner licensed in this Commonwealth for conduct
6outside of this Commonwealth in response to an out-of-State
7emergency;

8(2) may impose administrative sanctions upon a health
9practitioner not licensed in this Commonwealth for conduct in
10this Commonwealth in response to an in-State emergency; and

11(3) shall report any administrative sanctions imposed
12upon a health practitioner licensed in another state to the
13appropriate licensing board or other disciplinary authority
14in any other state in which the health practitioner is known
15to be licensed.

16(g) Discretion of licensing boards.--In determining whether
17to impose administrative sanctions under subsection (f), a
18licensing board or other disciplinary authority shall consider
19the circumstances in which the conduct took place, including any
20exigent circumstances, and the health practitioner's scope of
21practice, education, training, experience and specialized skill.

22§ 7909. Relation to other laws.

23(a) Emergency Management Assistance Compact.--This chapter
24does not limit rights, privileges or immunities provided to
25volunteer health practitioners by laws other than this chapter.
26Except as otherwise provided in subsection (b), this chapter
27does not affect requirements for the use of health practitioners
28pursuant to the Emergency Management Assistance Compact.

29(b) Emergency forces.--The agency, pursuant to the Emergency
30Management Assistance Compact, may incorporate into the

1emergency forces of this Commonwealth volunteer health
2practitioners who are not officers or employees of this
3Commonwealth or a political subdivision.

4§ 7910. Regulatory authority.

5The agency and the department may promulgate regulations to
6implement this chapter. In doing so, the agency and the
7department shall consider regulations promulgated by similarly
8empowered agencies in other states to promote uniformity of
9application of this chapter and make the emergency response
10systems in the various states reasonably compatible.

11§ 7911. Limitations on civil liability for volunteer health
12practitioners.

13Civil liability for volunteer health practitioners is limited 
14under 42 Pa.C.S. § 8340.3 (relating to limitations on civil 
15liability for volunteer health practitioners).

16§ 7912. Workers' compensation coverage.

17(a) (Reserved).

18(b) Status of volunteer health practitioners.--
19Notwithstanding section 7706 (relating to compensation for 
20accidental injury), a volunteer health practitioner who provides 
21health or veterinary services pursuant to this chapter and who 
22is not otherwise eligible for benefits for injury or death under 
23the act of June 2, 1915 (P.L.736, No.338), known as the Workers' 
24Compensation Act, or the act of June 21, 1939 (P.L.566, No.284), 
25known as The Pennsylvania Occupational Disease Act, or under the 
26workers' compensation or occupational disease law of another 
27state may elect to be deemed an employee of this Commonwealth 
28for the purpose of receiving such benefits by making a claim in 
29accordance with the Workers' Compensation Act or The 
30Pennsylvania Occupational Disease Act. The average weekly wage 

1of a volunteer health practitioner claiming such benefits shall 
2be determined in the same manner as provided for auxiliary 
3police under section 2 of the act of May 17, 1957 (P.L.152,
4No.71), entitled "A Supplement to the act of June 2, 1915 
5(P.L.736), entitled, as amended 'An act defining the liability 
6of an employer to pay damages for injuries received by an 
7employe in the course of employment; establishing an elective 
8schedule of compensation; providing procedure for the 
9determination of liability and compensation thereunder; and 
10prescribing penalties,' providing for the payment of 
11compensation to auxiliary police or their dependents."

12(c) Administration.--The Department of Labor and Industry
13shall promulgate regulations, enter into agreements with other
14states or take other measures to facilitate the receipt of
15benefits for injury or death under the Workers' Compensation Act
16or The Pennsylvania Occupational Disease Act by volunteer health
17practitioners who reside in other states and may waive or modify
18requirements for filing, processing and paying claims that
19unreasonably burden the volunteer health practitioners. To
20promote uniformity of application of this chapter with other
21states that enact similar legislation, the Department of Labor
22and Industry shall consult with and consider the approaches to
23filing, processing and paying claims taken by agencies with
24similar authority in other states.

25(d) Definition.--As used in this section, the term "injury" 
26means a physical or mental injury or disease for which an 
27employee of this Commonwealth who is injured or contracts the 
28disease in the course of the employee's employment would be 
29entitled to benefits under the Workers' Compensation Act or The 
30Pennsylvania Occupational Disease Act.

1§ 7913. Uniformity of application and construction.

2In applying and construing this chapter, consideration must
3be given to the need to promote uniformity of the law with
4respect to its subject matter among states that enact it.

5Section 3. Title 42 is amended by adding a section to read:

6§ 8340.3. Limitations on civil liability for volunteer health
7practitioners.

8(a) Limitation of liability.--Subject to subsection (b), a 
9volunteer health practitioner who does not receive compensation 
10that exceeds $500 per year for providing health or veterinary 
11services pursuant to 35 Pa.C.S. Ch. 79 (relating to uniform 
12emergency volunteer health practitioners) is not liable for 
13damages for an act or omission of the volunteer health 
14practitioner in providing those services. Reimbursement of or 
15allowance for reasonable expenses or continuation of salary 
16while on leave is not compensation under this subsection.

17(b) Exclusion.--This section does not limit the liability of
18a volunteer health practitioner for:

19(1) willful misconduct or wanton, grossly negligent,
20reckless or criminal conduct;

21(2) an intentional tort;

22(3) breach of contract;

23(4) a claim asserted by a host entity or by an entity
24located in this Commonwealth or another state which employs
25or uses the services of the volunteer health practitioner; or

26(5) an act or omission relating to the operation of a
27motor vehicle, vessel, aircraft or other vehicle.

28(c) Information.--A person that, pursuant to 35 Pa.C.S. Ch.
2979, operates, uses or relies upon information provided by a 
30volunteer health practitioner registration system under 35

1Pa.C.S. § 7905 (relating to volunteer health practitioner 
2registration systems) is not liable for damages for an act or 
3omission relating to that operation, use or reliance unless the 
4act or omission is an intentional tort or is willful misconduct 
5or wanton, grossly negligent, reckless or criminal conduct.

6(d) Applicability of subchapter.--In addition to the 
7protections provided in subsection (a), a volunteer health 
8practitioner providing health or veterinary services pursuant to 
935 Pa.C.S. Ch. 79 is entitled to all the rights, privileges or 
10immunities provided by other applicable provisions of this 
11subchapter.

12(e) Uniformity of application and construction.--In applying
13and construing this section, consideration must be given to the
14need to promote uniformity of the law with respect to its
15subject matter among states that enact it.

16(f) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection:

19"Health practitioner." As defined in 35 Pa.C.S. § 7902 
20(relating to definitions).

21"Volunteer health practitioner." As defined in 35 Pa.C.S. §
227902 (relating to definitions).

23Section 4. This act shall apply as follows:

24(1) The addition of 35 Pa.C.S. § 7912 shall apply to
25claims for injuries which occur on or after the effective
26date of this paragraph.

27(2) The addition of 42 Pa.C.S. § 8340.3 shall apply to
28causes of action which arise on or after the effective date
29of this paragraph.

30Section 5. This act shall take effect in 60 days.