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pursuant to Section 7 of the Illinois Emergency Management |
Agency Act.
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(4) (Reserved).
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(5) "Entity" means a person other than an individual.
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(6) "Health facility" means an entity licensed under the |
laws of this or another state to provide health or veterinary |
services.
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(7) "Health practitioner" means an individual licensed |
under the laws of this or another state to provide health or |
veterinary services.
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(8) "Health services" means the provision of treatment, |
care, advice or guidance, or other services, or supplies, |
related to the health or death of individuals or human |
populations, to the extent necessary to respond to an |
emergency, including:
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(A) 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
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(ii) counseling, assessment, procedures, or other
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services;
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(B) sale or dispensing of a drug, a device, equipment, |
or another item to an individual in accordance with a |
prescription; and
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(C) funeral, cremation, cemetery, or other mortuary |
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services. |
(9) "Host entity" means an entity operating in this State |
which uses volunteer health practitioners to respond to an |
emergency, including a healthcare facility, system, clinic or |
other fixed or mobile location where health care services are |
provided. A disaster relief organization may also be a host |
entity under this subsection to the extent that it operates a |
healthcare facility, system, clinic, or other fixed or mobile |
location in providing emergency or disaster relief services.
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(10) "License" means authorization by a state to engage in |
health or veterinary services that are unlawful without the |
authorization.
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(11) "Person" means an individual, corporation, business |
trust, trust, partnership, limited liability company, |
association, joint venture, public corporation, government or
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governmental subdivision, agency, or instrumentality, or any |
other legal or commercial entity.
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(12) "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.
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(13) "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
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jurisdiction of the United States.
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(14) "Veterinary services" means the provision of |
treatment, care, advice or guidance, or other services, or |
supplies, related to the health or death of an animal or to |
animal populations, to the extent necessary to respond to an |
emergency declaration, including:
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(A) 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;
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(B) use of a procedure for reproductive management; and
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(C) monitoring and treatment of animal populations for |
diseases that have spread or demonstrate the potential to |
spread to humans. |
(15) "Volunteer health practitioner" means a health |
practitioner who provides health or veterinary services, |
whether or not the practitioner receives compensation for those |
services. The term does not include a practitioner who receives |
compensation pursuant to an employment or independent |
contractor relationship existing at the time of the emergency |
with a host entity or disaster relief organization which |
requires the practitioner to provide health or veterinary |
services in this State, unless the practitioner is not a |
resident of this State and is employed by or an independent |
contractor of a host entity or disaster relief organization |
providing services in this State while an emergency declaration |
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is in effect.
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Section 3. Applicability to volunteer health |
practitioners. This Act applies to volunteer health |
practitioners registered with a registration system that |
complies with Section 5 and who provide health or veterinary |
services in this State for a host entity or disaster relief |
organization while an emergency declaration is in effect.
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Section 4. Regulation of services during emergency.
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(a) While a disaster proclamation under the Illinois |
Emergency Management Agency Act is in effect, the Illinois |
Emergency Management Agency may limit, restrict, or otherwise
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regulate: |
(1) the duration of practice by volunteer health |
practitioners;
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(2) the geographical areas in which volunteer health |
practitioners may practice;
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(3) the types of volunteer health practitioners who may |
practice; and
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(4) any other matters necessary to coordinate |
effectively the provision of health or veterinary services |
during the emergency.
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(b) An order issued pursuant to subsection (a) may take |
effect immediately, without prior notice or comment, and is not |
a rule within the meaning of the Illinois Administrative |
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Procedure Act.
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(c) A host entity or disaster relief organization that uses |
volunteer health practitioners to provide health or veterinary |
services in this State shall: |
(1) consult and coordinate its activities with the |
Illinois Emergency Management Agency to the extent |
practicable to provide for the efficient and effective use |
of volunteer health practitioners; and
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(2) comply with any laws relating to the management of |
emergency health or veterinary services.
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Section 5. Volunteer Health Practitioner Registration |
Systems.
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(a) 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;
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(2) include information about the licensure and good |
standing of health practitioners which is accessible by |
authorized persons;
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(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 Act; and
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(4) meet one of the following conditions:
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(A) be an emergency system for advance |
registration of volunteer health-care practitioners |
established by a state and funded through the |
Department of Health and Human Services under Section |
319I of the Public Health Services Act, 42 U.S.C. |
Section 247d-7b (as amended);
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(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 U.S.C. Section 300hh |
(as amended);
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(C) be operated by a:
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(i) disaster relief organization;
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(ii) licensing board;
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(iii) national or regional association of |
licensing boards or health practitioners;
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(iv) health facility that provides |
comprehensive inpatient and outpatient health-care |
services, including a tertiary care, teaching |
hospital, or ambulatory surgical treatment center; |
or
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(v) governmental entity; or
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(D) be designated by the Illinois Department of |
Public Health as a registration system for purposes of |
this Act. |
(b) While an emergency declaration is in effect, the |
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Illinois Department of Public Health, a person authorized to |
act on behalf of the Illinois Department of Public Health, or a |
host entity or disaster relief organization, may confirm |
whether volunteer health practitioners utilized in this State |
are registered with a registration system that complies with |
subsection (a). 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.
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(c) Upon request of a person in this State authorized under |
subsection (b), 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.
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(d) A host entity or disaster relief organization is not |
required to use the services of a volunteer health practitioner |
even if the practitioner is registered with a registration
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system that indicates that the practitioner is licensed and in |
good standing.
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Section 6. Recognition of volunteer health practitioners |
licensed in other states.
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(a) While an emergency declaration is in effect, a |
volunteer health practitioner, registered with a registration |
system that complies with Section 5 and licensed and in good |
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standing in the state upon which the practitioner's |
registration is based, may practice in this State to the extent |
authorized by this Act as if the practitioner were licensed in |
this State.
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(b) A volunteer health practitioner qualified under |
subsection (a) is not entitled to the protections of this Act |
if 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.
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Section 7. No effect on credentialing and privileging.
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(a) In this Section:
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(1) "Credentialing" means obtaining, verifying, and |
assessing the qualifications of a health practitioner to |
provide treatment, care, or services in or for a health |
facility.
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(2) "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. |
(b) This Act does not affect credentialing or privileging |
standards of a health facility and does not preclude a health |
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facility from waiving or modifying those standards while an |
emergency declaration is in effect.
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Section 8. Provision of volunteer health or veterinary |
services; administrative sanctions.
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(a) Subject to subsections (b) and (c), 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.
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(b) Except as otherwise provided in subsection (c), this |
Act does 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.
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(c) Consistent with the Department of Professional |
Regulation Law of the Civil Administrative Code of Illinois and |
the Department of Public Health Powers and Duties Law of the |
Civil Administrative Code of Illinois, the Illinois Emergency |
Management Agency, the Department of Financial and |
Professional Regulation, or the Illinois Department of Public |
Health may modify or restrict the health or veterinary services |
that volunteer health practitioners may provide pursuant to |
this Act during an emergency. A proclamation under this |
subsection may take effect immediately, without prior notice or |
comment, and is not a rule within the meaning of the Illinois |
Administrative Procedure Act.
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(d) A host entity or disaster relief organization may |
restrict the health or veterinary services that a volunteer |
health practitioner may provide pursuant to this Act.
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(e) 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:
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(1) 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
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(2) 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.
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(f) In addition to the authority granted by law of this |
State to regulate the conduct of health practitioners, a |
licensing board or other disciplinary authority in this State:
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(1) may impose administrative sanctions upon a health |
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practitioner licensed in this State for conduct outside of |
this State in response to an out-of-state emergency;
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(2) 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
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(3) shall report any administrative sanctions imposed |
upon a practitioner licensed in another state to the |
appropriate licensing board or other disciplinary
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authority in any other state in which the practitioner is
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known to be licensed.
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(g) 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 practitioner's scope of practice, |
education, training, experience, and specialized skill.
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Section 9. Relation to other laws.
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(a) This Act does not limit rights, privileges, or |
immunities provided to volunteer health practitioners by laws |
other than this Act. Except as otherwise provided in subsection
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(b), this Act does not affect requirements for the use of |
health practitioners pursuant to the Emergency Management |
Assistance Compact.
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(b) The Illinois Emergency Management Agency, pursuant to |
any mutual aid compacts entered into by this State, may |
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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.
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Section 10. Regulatory authority. The Illinois Emergency |
Management Agency may adopt rules to implement this Act. The |
Illinois Emergency Management Agency shall consult with and |
consider the recommendations of the entity established to |
coordinate the implementation of any mutual aid compacts |
entered into by this State and may also consult with and |
consider rules adopted by similarly empowered agencies in other |
states to promote uniformity of application of this Act and |
make the emergency response systems in the various states |
reasonably compatible.
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Section 11. Workers' compensation coverage. A volunteer |
health practitioner providing health or veterinary services |
pursuant to this Act may be considered a volunteer in |
accordance with subsection (k) of Section 10 of the Illinois |
Emergency Management Agency Act for the purposes of worker's |
compensation coverage.
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Section 12. Uniformity of application and construction. In |
applying and construing this Uniform Act, consideration must be |
given to the need to promote uniformity of the law with respect |