PRINTER'S NO. 555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY DELOZIER, BARRAR, AUMENT, BAKER, BOBACK, R. BROWN, D. COSTA, CUTLER, GILLEN, GINGRICH, GRELL, HICKERNELL, KAUFFMAN, M. K. KELLER, KORTZ, MAHONEY, MILNE, MURT, SWANGER AND WATSON, FEBRUARY 5, 2013
REFERRED TO COMMITEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 5, 2013
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.
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:
11UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS
137901. Short title of chapter.
157903. Applicability to volunteer health practitioners.
167904. Regulation of services during emergency.
177905. Volunteer health practitioner registration systems.
207907. No effect on credentialing and privileging.
237909. Relation to other laws.
247910. Regulatory authority.
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.
6"Department." The Department of Health of the Commonwealth.
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
27"Entity." A person other than an individual.
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:
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.
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.
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
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
14§ 7904. Regulation of services during emergency.
30(1) the act of July 31, 1968 (P.L.769, No.240), referred
1to as the Commonwealth Documents Law;
15§ 7905. Volunteer health practitioner registration systems.
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:
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;
15(E) governmental entity; or
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
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:
25§ 7907. No effect on credentialing and privileging.
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.
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
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
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
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.
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.
16§ 7912. Workers' compensation coverage.
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.
5Section 3. Title 42 is amended by adding a section to read:
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.
21(2) an intentional tort;
22(3) breach of contract;
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
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.
23Section 4. This act shall apply as follows:
30Section 5. This act shall take effect in 60 days.