74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2157
 
                         House Bill 3091
 
Sponsored by COMMITTEE ON HEALTH CARE (at the request of Oregon
  Delegation of the National Conference of Commissioners on
  Uniform State Laws)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adopts Uniform Emergency Volunteer Health Practitioners Act.
Establishes methods for deployment and use of licensed health
practitioners to provide health and veterinary services during
emergency.
 
                        A BILL FOR AN ACT
Relating to emergency volunteer health practitioners.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 1 to 9 of this 2007 Act may be cited
as the Uniform Emergency Volunteer Health Practitioners Act. + }
  SECTION 2.  { + As used in sections 1 to 9 of this 2007 Act:
  (1) '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:
  (a) 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 Office of Emergency
Management under ORS 401.270; or
  (b) Plans and conducts its activities in coordination with an
agency of the federal government or the Office of Emergency
Management.
  (2) 'Emergency' has the meaning given that term in ORS 401.025.
  (3) 'Emergency declaration' means a state of emergency declared
by the Governor under ORS 401.055.
  (4) 'Emergency Management Assistance Compact' means the
interstate compact under ORS 401.043.
  (5) 'Entity' means a person other than an individual.
  (6) 'Health facility' means an entity licensed under the laws
of this or another state that provides health or veterinary
services.
  (7) 'Health practitioner' means an individual licensed under
the laws of this or another state to provide health or veterinary
services.
  (8) 'Health services' means the provision of treatment, care,
advice, guidance, supplies or other services related to the
health or death of individuals or human populations, to the
extent necessary to respond to an emergency, including:
 
  (a) Preventive, diagnostic, therapeutic, rehabilitative,
maintenance or palliative care;
  (b) Counseling, assessment procedures or other services;
  (c) Selling or dispensing a drug, device, equipment or another
item to an individual in accordance with a prescription; and
  (d) Funeral, cremation, cemetery or other mortuary services.
  (9) 'Host entity' means an entity operating in this state that
uses volunteer health practitioners to respond to an emergency.
  (10) '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
this state for a health practitioner to provide health or
veterinary services based upon a national certification issued by
a public or private entity.
  (11) '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.
  (12) '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.
  (13) 'Veterinary services' means the provision of treatment,
care, advice, guidance, supplies or other services related to the
health or death of an animal or to animal populations to the
extent necessary to respond to an emergency, including:
  (a) Diagnosis, treatment or prevention of an animal disease,
injury or other physical or mental condition by prescribing,
administering or dispensing a vaccine, medicine, surgery or
therapy;
  (b) Use of a procedure for reproductive management; and
  (c) Monitoring and treating animal populations for diseases
that have spread or that demonstrate the potential to spread to
humans.
  (14) 'Volunteer health practitioner' means a health
practitioner who provides health or veterinary services,
regardless of whether the practitioner receives compensation for
those services. The term 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. + }
  SECTION 3.  { + (1) While an emergency declaration is in
effect, the Office of Emergency Management may limit, restrict or
otherwise regulate:
  (a) The duration of practice by volunteer health practitioners;
  (b) The geographical areas in which volunteer health
practitioners may practice;
  (c) The types of volunteer health practitioners who may
practice; and
  (d) Any other matters necessary to coordinate effectively the
provision of health or veterinary services during the emergency.
  (2) An order issued pursuant to subsection (1) of this section
may take effect immediately without prior notice or comment.
  (3) A host entity that uses volunteer health practitioners to
provide health or veterinary services in this state shall:
  (a) Consult and coordinate its activities with the Office of
Emergency Management to the extent practicable to provide for the
efficient and effective use of volunteer health practitioners;
and
 
 
  (b) Comply with any laws other than sections 1 to 9 of this
2007 Act relating to the management of emergency health or
veterinary services. + }
  SECTION 4.  { + (1) To qualify as a volunteer health
practitioner registration system, a system must:
  (a) Accept applications for the registration of volunteer
health practitioners before or during an emergency;
  (b) Include information about the licensure and good standing
of health practitioners that is accessible by authorized persons;
  (c) Be capable of confirming the accuracy of information
concerning whether a health practitioner is licensed and in good
standing before health services or veterinary services are
provided under sections 1 to 9 of this 2007 Act; and
  (d) Meet 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 and Services Administration
under section 319I of the Public Health Service Act, 42 U.S.C.
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 Service Act, 42
U.S.C. 300hh;
  (C) Be operated by a:
  (i) Disaster relief organization;
  (ii) State licensing board;
  (iii) National or regional association of licensing boards or
health practitioners;
  (iv) Health facility that provides comprehensive inpatient and
outpatient health care services, including a tertiary care and
teaching hospital; or
  (v) Governmental entity; or
  (D) Be designated by the Office of Emergency Management as a
registration system for the purposes of sections 1 to 9 of this
2007 Act.
  (2) While an emergency declaration is in effect, the office, a
person authorized to act on behalf of the office, or a host
entity, may confirm whether volunteer health practitioners
utilized in this state are registered with a registration system
that complies with subsection (1) of this section. 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.
  (3) Upon request of a person in this state authorized under
subsection (2) of this section, 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.
  (4) 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. + }
  SECTION 5.  { + (1) While an emergency declaration is in
effect, a volunteer health practitioner, registered with a
registration system that complies with section 4 of this 2007 Act
and licensed and in good standing in the state where the
practitioner's registration is based, may practice in this state
to the extent authorized by sections 1 to 9 of this 2007 Act as
if the practitioner were licensed in this state.
  (2) A volunteer health practitioner qualified under subsection
(1) of this section is not entitled to the protections of
sections 1 to 9 of this 2007 Act if the practitioner is licensed
in more than one state and any license of the practitioner is
suspended, revoked or subject to an agency order limiting or
 
restricting practice privileges or has been voluntarily
terminated under threat of sanction. + }
  SECTION 6.  { + (1) As used in this section:
  (a) 'Credentialing' means obtaining, verifying and assessing
the qualifications of a health practitioner to provide treatment,
care or services in or for a health facility.
  (b) '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.
  (2) Sections 1 to 9 of this 2007 Act do not affect
credentialing or privileging standards of a health facility and
do not preclude a health facility from waiving or modifying those
standards while an emergency declaration is in effect. + }
  SECTION 7.  { + (1) Subject to subsections (2) and (3) of this
section, 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.
  (2) Except as otherwise provided in subsection (4) of this
section, sections 1 to 9 of this 2007 Act do 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.
  (3) The Office of Emergency Management may modify or restrict
the health or veterinary services that volunteer health
practitioners may provide under sections 1 to 9 of this 2007 Act.
An order under this subsection may take effect immediately,
without prior notice or comment.
  (4) A host entity may restrict the health or veterinary
services that a volunteer health practitioner may provide under
sections 1 to 9 of this 2007 Act.
  (5) A volunteer health practitioner does not engage 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:
  (a) 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; or
  (b) 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.
  (6) In addition to the authority granted by law of this state
other than sections 1 to 9 of this 2007 Act to regulate the
conduct of health practitioners, a licensing board or other
disciplinary authority in this state:
  (a) 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;
  (b) May impose administrative sanctions upon a practitioner not
licensed in this state for conduct in this state in response to
an in-state emergency; and
  (c) 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.
 
  (7) In determining whether to impose administrative sanctions
under subsection (6) of this section, a licensing board or other
disciplinary authority shall consider the circumstances under
which the conduct took place, including any exigent
circumstances, and the practitioner's scope of practice,
education, training, experience and specialized skill. + }
  SECTION 8.  { + (1) Sections 1 to 9 of this 2007 Act do not
limit rights, privileges or immunities provided to volunteer
health practitioners by laws other than sections 1 to 9 of this
2007 Act.  Except as otherwise provided in subsection (2) of this
section, sections 1 to 9 of this 2007 Act do not affect
requirements for the use of health practitioners pursuant to the
Emergency Management Assistance Compact under ORS 401.043.
  (2) The Office of Emergency Management, pursuant to the
Emergency Management Assistance Compact, may incorporate into the
emergency forces of this state volunteer health practitioners who
are not officers or employees of this state, a political
subdivision of this state or a municipality or other local
government within this state. + }
  SECTION 9.  { + The Office of Emergency Management may adopt
rules to implement sections 1 to 9 of this 2007 Act. In doing so,
the office shall consult with and consider rules adopted by
similarly empowered agencies in other states to promote
uniformity of application of sections 1 to 9 of this 2007 Act and
make the emergency response systems in the various states
reasonably compatible. + }
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