Bill Text: PA HB512 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishing a system for the use of volunteer health practitioners; providing reasonable safeguards to assure that health practitioners are appropriately licensed and regulated to protect the public's health; providing for applicability of workers' compensation and occupational disease law; and providing for limitation of civil damages.

Spectrum: Moderate Partisan Bill (Republican 18-3)

Status: (Introduced - Dead) 2013-02-05 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB512 Detail]

Download: Pennsylvania-2013-HB512-Introduced.html

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PRINTER'S NO. 555

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

512

Session of 2013

 

 

 

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

 

 

 

AN ACT

 

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

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

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

§ 7706. Compensation for accidental injury.

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

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

* * *

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

CHAPTER 79

UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS

Sec.

7901. Short title of chapter.

7902. Definitions.

7903. Applicability to volunteer health practitioners.

7904. Regulation of services during emergency.

7905. Volunteer health practitioner registration systems.

7906. Recognition of volunteer health practitioners licensed in
other states.

7907. No effect on credentialing and privileging.

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

7909. Relation to other laws.

7910. Regulatory authority.

7911. Limitations on civil liability for volunteer health
practitioners.

7912. Workers' compensation coverage.

7913. Uniformity of application and construction.

§ 7901. Short title of chapter.

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

Emergency Volunteer Health Practitioners Act.

§ 7902. Definitions.

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

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

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

(1) 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
Pennsylvania Emergency Management Agency; or

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

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

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

"Emergency Management Assistance Compact." The interstate 
compact approved by Congress by Public Law 104-321, 110 Stat. 
3877 and set forth in section 7601 (relating to compact 
enacted).

"Entity." A person other than an individual.

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

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

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

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

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

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

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

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

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

"License." 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 
Commonwealth to an individual to provide health or veterinary 
services based upon a national certification issued by a public 
or private entity.

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

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

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

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

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

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

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

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

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

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

§ 7903. Applicability to volunteer health practitioners.

This chapter applies to volunteer health practitioners
registered with a registration system that complies with section
7905 (relating to volunteer health practitioner registration
systems) and who provide health or veterinary services in this
Commonwealth for a host entity while an emergency declaration is
in effect.

§ 7904. Regulation of services during emergency.

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

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

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

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

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

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

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

to as the Commonwealth Documents Law;

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

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

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

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

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

§ 7905. Volunteer health practitioner registration systems.

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

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

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

(3) 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 this chapter; and

(4) meet one of the following conditions:

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

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

(ii) 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);

(iii) be operated by a:

(A) disaster relief organization;

(B) licensing board;

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

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

(E) governmental entity; or

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

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

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

in good standing.

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

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

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

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

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

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

§ 7907. No effect on credentialing and privileging.

(a) (Reserved).

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

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

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

"Privileging." 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.

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

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

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

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

of:

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

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

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

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

(e) Unauthorized practice defined.--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
health practitioner in this Commonwealth 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 health practitioner in this
Commonwealth would not be permitted to provide a service if:

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

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

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

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

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

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

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

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

§ 7909. Relation to other laws.

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

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

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

§ 7910. Regulatory authority.

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

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

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

§ 7912. Workers' compensation coverage.

(a) (Reserved).

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

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

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

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

§ 7913. Uniformity of application and construction.

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

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

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

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

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

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

(2) an intentional tort;

(3) breach of contract;

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

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

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

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

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

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

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

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

"Volunteer health practitioner." As defined in 35 Pa.C.S. §
7902 (relating to definitions).

Section 4. This act shall apply as follows:

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

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

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