Bill Text: CT HB06375 | 2011 | General Assembly | Comm Sub

---

Bill Title: An Act Establishing An Emergency Response System Of Volunteer Health Care Practitioners.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-03-14 - Favorable Change of Reference, Senate to Committee on Public Health [HB06375 Detail]

Download: Connecticut-2011-HB06375-Comm_Sub.html

---

General Assembly		Raised Bill No. 6375
January Session, 2011		LCO No. 3299
		*_____HB06375PS_PH_031011____*
Referred to Committee on Public Safety and Security
Introduced by:
(PS)

AN ACT ESTABLISHING AN EMERGENCY RESPONSE SYSTEM OF VOLUNTEER HEALTH CARE PRACTITIONERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2011) As used in this section and sections 2 to 6, inclusive, of this act:

(1) "Disaster relief organization" means an entity that: (A) Provides emergency or disaster relief services that include health care services provided by volunteer health care practitioners, and (B) is designated or recognized as a provider of such services pursuant to a disaster response and recovery plan adopted by any agency of the federal government, the Department of Public Health or the Department of Emergency Management and Homeland Security; or regularly plans and conducts emergency or disaster relief activities in coordination with any agency of the federal government, the Department of Public Health or the Department of Emergency Management and Homeland Security.

(2) "Emergency" has the same meaning as in section 28-1 of the general statutes.

(3) "Emergency declaration" means the Governor's declaration of a civil preparedness emergency pursuant to section 28-9 of the general statutes.

(4) "Emergency Management Assistance Compact" means the interstate compact established under section 28-23a of the general statutes.

(5) "Entity" means a person other than a natural person.

(6) "Health care practitioner" means an individual licensed under chapter 370, 378, 378a, 383, 384d or 400j of the general statutes or the laws of another state to provide health care services, mental health services, emergency medical services through a licensed emergency medical services provider, or general or specialized surgery, but does not include a practitioner whose license has not been suspended, revoked, voluntarily terminated under threat of sanction or subject to an agency order limiting or restricting the scope of practice.

(7) "Health care services" means any care, service or treatment of an illness or dysfunction of, or injury to, the human body, including, but not limited to: (A) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, surgical or palliative care; (B) counseling, assessment, procedures or other mental health services; and (C) the sale or dispensing of a drug, a device, equipment or another item to an individual in accordance with a prescription.

(8) "Host entity" means an entity operating in this state which uses volunteer health care practitioners to respond to an emergency.

(9) "License" means state authorization to provide health care services or authorization to provide health care services based upon a national certification issued by a public or private entity.

(10) "Person" means any natural person, corporation, partnership, limited liability company, unincorporated business, government or governmental entity or any other legal or commercial entity.

(11) "Scope of practice" means the extent of the authorization to provide health care services granted to a health care practitioner by a license issued to the practitioner.

(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) "Volunteer health care practitioner" means a health care practitioner who provides health care services, whether or not the practitioner receives compensation for those services, but does not include a health care practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health care services in this state, unless such 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.

Sec. 2. (NEW) (Effective October 1, 2011) (a) While an emergency or emergency declaration is in effect, a volunteer health care practitioner who is registered in accordance with this section may provide health care services in this state.

(b) A volunteer health care practitioner shall register with a volunteer health care practitioner system organization in order to provide health care services in this state during an emergency or emergency declaration. Any such organization shall: (1) Accept applications for the registration of volunteer health care practitioners prior to or during an emergency or emergency declaration; (2) include information about the licensure and good standing of volunteer health care practitioners that is accessible by authorized persons; (3) be capable of confirming the accuracy of information concerning whether a volunteer health care practitioner is licensed and in good standing in another state before health care services are provided under this section; and (4) meet any 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 Services Administration under Section 319I of the Public Health Services Act, 42 USC 247d-7b, as amended from time to time; (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 Services Act, 42 USC 300hh, as amended from time to time; (C) be operated by (i) a disaster relief organization; (ii) a licensing board; (iii) a national or regional association of licensing boards or health care practitioners; (iv) a health care facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or (v) a governmental entity; or (D) be designated by the Department of Public Health or the Department of Emergency Management and Homeland Security as a volunteer registration system organization for purposes of this section.

(c) Upon the request of the Commissioner of Public Health, the Commissioner of Emergency Management and Homeland Security or a designee of said commissioners, the volunteer health care practitioner registration system organization shall confirm whether a volunteer health care practitioner is registered in accordance with subsection (a) of this section and whether the system indicates that such practitioner is licensed and in good standing.

(d) This section shall not be construed to authorize a volunteer health care practitioner to provide health care services in this state that are outside such practitioner's scope of practice in the state where such practitioner is licensed, or to provide health care services that are outside of the scope of practice for a practitioner holding a comparable license in this state.

Sec. 3. (NEW) (Effective October 1, 2011) (a) While an emergency or emergency declaration is in effect, the Department of Public Health and the Department of Emergency Management and Homeland Security may issue an order to limit, restrict or otherwise regulate the practice of volunteer health care practitioners. Such limitations and restrictions may include, but are not limited to: (1) The duration of practice by volunteer health care practitioners; (2) the geographical areas in which volunteer health care practitioners may practice; (3) the types of volunteer health care practitioners who may practice; and (4) any other matters necessary to coordinate the provision of health care services during the emergency.

(b) A host entity that uses volunteer health care practitioners to provide health care services in this state shall: (1) Consult and coordinate its activities with the Department of Public Health and the Department of Emergency Management and Homeland Security to the extent practicable to provide for the efficient and effective use of volunteer health care practitioners; and (2) comply with any order of the Commissioner of Public Health or the Commissioner of Emergency Management and Homeland Security.

Sec. 4. (NEW) (Effective October 1, 2011) (a) A volunteer health care practitioner who fails to register pursuant to the provisions of section 2 of this act or violates any provision of section 2 or 3 of this act shall have engaged in unauthorized practice if the practitioner had reason to know of any limitation, modification or restriction under section 2 or 3 of this act, or if a similarly licensed practitioner in this state would not be permitted to provide such health care services. For the purposes of this section, a volunteer health care 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 health care service if such practitioner had actual knowledge, or if, 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 health care service.

(b) A licensing board or other disciplinary authority in this state may impose administrative sanctions upon a volunteer health care practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency.

(c) A licensing board or other disciplinary authority in this state may impose administrative sanctions upon a volunteer health care practitioner not licensed in this state for conduct in this state in response to an emergency in this state.

(d) In determining whether to impose administrative sanctions under subsection (b) or (c) of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience and specialized skill.

(e) Such licensing board or other authority shall report any administrative sanctions imposed upon a volunteer health care practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in the state in which such practitioner is known to be licensed.

Sec. 5. (NEW) (Effective October 1, 2011) (a) Sections 1 to 4, inclusive, of this act shall not be construed to limit the rights, privileges or immunities provided to volunteer health care practitioners by any other provision of the general statutes. Except as otherwise provided in subsection (b) of this section, sections 1 to 4, inclusive, of this act shall not affect requirements for the use of volunteer health care practitioners pursuant to the Emergency Management Assistance Compact established pursuant to section 28-23a of the general statutes.

(b) The Department of Public Health or the Department of Emergency Management and Homeland Security, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health care 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.

Sec. 6. (NEW) (Effective October 1, 2011) The Department of Public Health or the Department of Emergency Management and Homeland Security may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of sections 1 to 5, inclusive, of this act. Any such regulations shall reference the coordination and implementation requirements prescribed in the Emergency Management Assistance Compact established pursuant to section 28-23a of the general statutes. In adopting any such regulations, said departments shall consider comparable regulations adopted by similarly empowered agencies in other states in order to achieve uniformity and consistency, to a reasonable extent, in the application of the provisions of sections 1 to 5, inclusive, of this act.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	New section
Sec. 2	October 1, 2011	New section
Sec. 3	October 1, 2011	New section
Sec. 4	October 1, 2011	New section
Sec. 5	October 1, 2011	New section
Sec. 6	October 1, 2011	New section

PS

Joint Favorable C/R

PH