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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Uniform Emergency Volunteer Health Practitioners Act. | ||||||
6 | Section 2. Definitions.
In this Act: | ||||||
7 | (1) "Disaster relief organization" means an entity that | ||||||
8 | provides emergency or disaster relief services that include | ||||||
9 | health or veterinary services provided by volunteer health | ||||||
10 | practitioners and that: | ||||||
11 | (A) is designated or recognized as a provider of those | ||||||
12 | services pursuant to a disaster response and recovery plan | ||||||
13 | adopted by an agency of the federal government or the | ||||||
14 | Illinois Emergency Management Agency; or | ||||||
15 | (B) regularly plans and conducts its activities in | ||||||
16 | coordination with an agency of the federal government or | ||||||
17 | the Illinois Emergency Management Agency. | ||||||
18 | (2) "Emergency" means an event or condition that is a | ||||||
19 | disaster as defined in Section 4 of the Illinois Emergency | ||||||
20 | Management Agency Act. | ||||||
21 | (3) "Emergency declaration" means a declaration of | ||||||
22 | emergency issued by a person authorized to do so under the laws | ||||||
23 | of this State or a disaster proclamation issued by the Governor |
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1 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
2 | Agency Act. | ||||||
3 | (4) (Reserved).
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4 | (5) "Entity" means a person other than an individual. | ||||||
5 | (6) "Health facility" means an entity licensed under the | ||||||
6 | laws of this or another state to provide health or veterinary | ||||||
7 | services. | ||||||
8 | (7) "Health practitioner" means an individual licensed | ||||||
9 | under the laws of this or another state to provide health or | ||||||
10 | veterinary services. | ||||||
11 | (8) "Health services" means the provision of treatment, | ||||||
12 | care, advice or guidance, or other services, or supplies, | ||||||
13 | related to the health or death of individuals or human | ||||||
14 | populations, to the extent necessary to respond to an | ||||||
15 | emergency, including:
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16 | (A) the following, concerning the physical or mental | ||||||
17 | condition or functional status of an individual or | ||||||
18 | affecting the structure or function of the body: | ||||||
19 | (i) preventive, diagnostic, therapeutic, | ||||||
20 | rehabilitative, maintenance, or palliative care; and | ||||||
21 | (ii) counseling, assessment, procedures, or other | ||||||
22 | services; | ||||||
23 | (B) sale or dispensing of a drug, a device, equipment, | ||||||
24 | or another item to an individual in accordance with a | ||||||
25 | prescription; and | ||||||
26 | (C) funeral, cremation, cemetery, or other mortuary |
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1 | services. | ||||||
2 | (9) "Host entity" means an entity operating in this State | ||||||
3 | which uses volunteer health practitioners to respond to an | ||||||
4 | emergency, including a healthcare facility, system, clinic or | ||||||
5 | other fixed or mobile location where health care services are | ||||||
6 | provided. A disaster relief organization may also be a host | ||||||
7 | entity under this subsection to the extent that it operates a | ||||||
8 | healthcare facility, system, clinic, or other fixed or mobile | ||||||
9 | location in providing emergency or disaster relief services. | ||||||
10 | (10) "License" means authorization by a state to engage in | ||||||
11 | health or veterinary services that are unlawful without the | ||||||
12 | authorization. | ||||||
13 | (11) "Person" means an individual, corporation, business | ||||||
14 | trust, trust, partnership, limited liability company, | ||||||
15 | association, joint venture, public corporation, government or | ||||||
16 | governmental subdivision, agency, or instrumentality, or any | ||||||
17 | other legal or commercial entity. | ||||||
18 | (12) "Scope of practice" means the extent of the | ||||||
19 | authorization to provide health or veterinary services granted | ||||||
20 | to a health practitioner by a license issued to the | ||||||
21 | practitioner in the state in which the principal part of the | ||||||
22 | practitioner's services are rendered, including any conditions | ||||||
23 | imposed by the licensing authority. | ||||||
24 | (13) "State" means a state of the United States, the | ||||||
25 | District of Columbia, Puerto Rico, the United States Virgin | ||||||
26 | Islands, or any territory or insular possession subject to the |
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1 | jurisdiction of the United States. | ||||||
2 | (14) "Veterinary services" means the provision of | ||||||
3 | treatment, care, advice or guidance, or other services, or | ||||||
4 | supplies, related to the health or death of an animal or to | ||||||
5 | animal populations, to the extent necessary to respond to an | ||||||
6 | emergency declaration, including: | ||||||
7 | (A) diagnosis, treatment, or prevention of an animal | ||||||
8 | disease, injury, or other physical or mental condition by | ||||||
9 | the prescription, administration, or dispensing of | ||||||
10 | vaccine, medicine, surgery, or therapy; | ||||||
11 | (B) use of a procedure for reproductive management; and | ||||||
12 | (C) monitoring and treatment of animal populations for | ||||||
13 | diseases that have spread or demonstrate the potential to | ||||||
14 | spread to humans. | ||||||
15 | (15) "Volunteer health practitioner" means a health | ||||||
16 | practitioner who provides health or veterinary services, | ||||||
17 | whether or not the practitioner receives compensation for those | ||||||
18 | services. The term does not include a practitioner who receives | ||||||
19 | compensation pursuant to an employment relationship existing | ||||||
20 | at the time of the emergency with a host entity which requires | ||||||
21 | the practitioner to provide health services in this State, | ||||||
22 | unless the practitioner is not a resident of this State and is | ||||||
23 | employed by a disaster relief organization providing services | ||||||
24 | in this State while an emergency declaration is in effect. | ||||||
25 | Section 3. Applicability to volunteer health |
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1 | practitioners. This Act applies to volunteer health | ||||||
2 | practitioners registered with a registration system that | ||||||
3 | complies with Section 5 and who provide health or veterinary | ||||||
4 | services in this State for a host entity or disaster relief | ||||||
5 | organization while an emergency declaration is in effect.
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6 | Section 4. Regulation of services during emergency.
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7 | (a) While a disaster proclamation under the Illinois | ||||||
8 | Emergency Management Agency Act is in effect, the Illinois | ||||||
9 | Emergency Management Agency may limit, restrict, or otherwise | ||||||
10 | regulate: | ||||||
11 | (1) the duration of practice by volunteer health | ||||||
12 | practitioners; | ||||||
13 | (2) the geographical areas in which volunteer health | ||||||
14 | practitioners may practice; | ||||||
15 | (3) the types of volunteer health practitioners who may | ||||||
16 | practice; and | ||||||
17 | (4) any other matters necessary to coordinate | ||||||
18 | effectively the provision of health or veterinary services | ||||||
19 | during the emergency. | ||||||
20 | (b) An order issued pursuant to subsection (a) may take | ||||||
21 | effect immediately, without prior notice or comment, and is not | ||||||
22 | a rule within the meaning of the Illinois Administrative | ||||||
23 | Procedure Act. | ||||||
24 | (c) A host entity or disaster relief organization that uses | ||||||
25 | volunteer health practitioners to provide health or veterinary |
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1 | services in this State shall: | ||||||
2 | (1) consult and coordinate its activities with the | ||||||
3 | Illinois Emergency Management Agency to the extent | ||||||
4 | practicable to provide for the efficient and effective use | ||||||
5 | of volunteer health practitioners; and | ||||||
6 | (2) comply with any laws relating to the management of | ||||||
7 | emergency health or veterinary services. | ||||||
8 | Section 5. Volunteer Health Practitioner Registration | ||||||
9 | Systems.
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10 | (a) To qualify as a volunteer health practitioner | ||||||
11 | registration system, a system must: | ||||||
12 | (1) accept applications for the registration of | ||||||
13 | volunteer health practitioners before or during an | ||||||
14 | emergency; | ||||||
15 | (2) include information about the licensure and good | ||||||
16 | standing of health practitioners which is accessible by | ||||||
17 | authorized persons; | ||||||
18 | (3) be capable of confirming the accuracy of | ||||||
19 | information concerning whether a health practitioner is | ||||||
20 | licensed and in good standing before health services or | ||||||
21 | veterinary services are provided under this Act; and | ||||||
22 | (4) meet one of the following conditions: | ||||||
23 | (A) be an emergency system for advance | ||||||
24 | registration of volunteer health-care practitioners | ||||||
25 | established by a state and funded through the |
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1 | Department of Health and Human Services under Section | ||||||
2 | 319I of the Public Health Services Act, 42 U.S.C. | ||||||
3 | Section 247d-7b (as amended); | ||||||
4 | (B) be a local unit consisting of trained and | ||||||
5 | equipped emergency response, public health, and | ||||||
6 | medical personnel formed pursuant to Section 2801 of | ||||||
7 | the Public Health Services Act, 42 U.S.C. Section 300hh | ||||||
8 | (as amended); | ||||||
9 | (C) be operated by a: | ||||||
10 | (i) disaster relief organization; | ||||||
11 | (ii) licensing board; | ||||||
12 | (iii) national or regional association of | ||||||
13 | licensing boards or health practitioners; | ||||||
14 | (iv) health facility that provides | ||||||
15 | comprehensive inpatient and outpatient health-care | ||||||
16 | services, including a tertiary care, teaching | ||||||
17 | hospital, or ambulatory surgical treatment center; | ||||||
18 | or | ||||||
19 | (v) governmental entity; or | ||||||
20 | (D) be designated by the Department of Public | ||||||
21 | Health as a registration system for purposes of this | ||||||
22 | Act. | ||||||
23 | (b) While an emergency declaration is in effect, the | ||||||
24 | Department of Public Health, a person authorized to act on | ||||||
25 | behalf of the Department of Public Health, or a host entity or | ||||||
26 | disaster relief organization, may confirm whether volunteer |
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1 | health practitioners utilized in this State are registered with | ||||||
2 | a registration system that complies with subsection (a). | ||||||
3 | Confirmation is limited to obtaining identities of the | ||||||
4 | practitioners from the system and determining whether the | ||||||
5 | system indicates that the practitioners are licensed and in | ||||||
6 | good standing. | ||||||
7 | (c) Upon request of a person in this State authorized under | ||||||
8 | subsection (b), or a similarly authorized person in another | ||||||
9 | state, a registration system located in this State shall notify | ||||||
10 | the person of the identities of volunteer health practitioners | ||||||
11 | and whether the practitioners are licensed and in good | ||||||
12 | standing. | ||||||
13 | (d) A host entity or disaster relief organization is not | ||||||
14 | required to use the services of a volunteer health practitioner | ||||||
15 | even if the practitioner is registered with a registration | ||||||
16 | system that indicates that the practitioner is licensed and in | ||||||
17 | good standing. | ||||||
18 | Section 6. Recognition of volunteer health practitioners | ||||||
19 | licensed in other states.
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20 | (a) While an emergency declaration is in effect, a | ||||||
21 | volunteer health practitioner, registered with a registration | ||||||
22 | system that complies with Section 5 and licensed and in good | ||||||
23 | standing in the state upon which the practitioner's | ||||||
24 | registration is based, may practice in this State to the extent | ||||||
25 | authorized by this Act as if the practitioner were licensed in |
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1 | this State. | ||||||
2 | (b) A volunteer health practitioner qualified under | ||||||
3 | subsection (a) is not entitled to the protections of this Act | ||||||
4 | if the practitioner is licensed in more than one state and any | ||||||
5 | license of the practitioner is suspended, revoked, or subject | ||||||
6 | to an agency order limiting or restricting practice privileges, | ||||||
7 | or has been voluntarily terminated under threat of sanction. | ||||||
8 | Section 7. No effect on credentialing and privileging.
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9 | (a) In this Section: | ||||||
10 | (1) "Credentialing" means obtaining, verifying, and | ||||||
11 | assessing the qualifications of a health practitioner to | ||||||
12 | provide treatment, care, or services in or for a health | ||||||
13 | facility. | ||||||
14 | (2) "Privileging" means the authorizing by an | ||||||
15 | appropriate authority, such as a governing body, of a | ||||||
16 | health practitioner to provide specific treatment, care, | ||||||
17 | or services at a health facility subject to limits based on | ||||||
18 | factors that include license, education, training, | ||||||
19 | experience, competence, health status, and specialized | ||||||
20 | skill. | ||||||
21 | (b) This Act does not affect credentialing or privileging | ||||||
22 | standards of a health facility and does not preclude a health | ||||||
23 | facility from waiving or modifying those standards while an | ||||||
24 | emergency declaration is in effect.
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1 | Section 8. Provision of volunteer health or veterinary | ||||||
2 | services; administrative sanctions.
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3 | (a) Subject to subsections (b) and (c), a volunteer health | ||||||
4 | practitioner shall adhere to the scope of practice for a | ||||||
5 | similarly licensed practitioner established by the licensing | ||||||
6 | provisions, practice Acts, or other laws of this State. | ||||||
7 | (b) Except as otherwise provided in subsection (c), this | ||||||
8 | Act does not authorize a volunteer health practitioner to | ||||||
9 | provide services that are outside the practitioner's scope of | ||||||
10 | practice, even if a similarly licensed practitioner in this | ||||||
11 | State would be permitted to provide the services. | ||||||
12 | (c) Consistent with the Department of Professional | ||||||
13 | Regulation Law of the Civil Administrative Code of Illinois and | ||||||
14 | the Department of Public Health Powers and Duties Law of the | ||||||
15 | Civil Administrative Code of Illinois, the Illinois Emergency | ||||||
16 | Management Agency, the Department of Financial and | ||||||
17 | Professional Regulation, or the Department of Public Health may | ||||||
18 | modify or restrict the health or veterinary services that | ||||||
19 | volunteer health practitioners may provide pursuant to this Act | ||||||
20 | during an emergency. A proclamation under this subsection may | ||||||
21 | take effect immediately, without prior notice or comment, and | ||||||
22 | is not a rule within the meaning of the Illinois Administrative | ||||||
23 | Procedure Act. | ||||||
24 | (d) A host entity or disaster relief organization may | ||||||
25 | restrict the health or veterinary services that a volunteer | ||||||
26 | health practitioner may provide pursuant to this Act. |
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1 | (e) A volunteer health practitioner does not engage in | ||||||
2 | unauthorized practice unless the practitioner has reason to | ||||||
3 | know of any limitation, modification, or restriction under this | ||||||
4 | Section or that a similarly licensed practitioner in this State | ||||||
5 | would not be permitted to provide the services. A volunteer | ||||||
6 | health practitioner has reason to know of a limitation, | ||||||
7 | modification, or restriction or that a similarly licensed | ||||||
8 | practitioner in this State would not be permitted to provide a | ||||||
9 | service if:
(1) the practitioner knows the limitation, | ||||||
10 | modification, or restriction exists or that a similarly | ||||||
11 | licensed practitioner in this State would not be permitted to | ||||||
12 | provide the service; or
(2) from all the facts and | ||||||
13 | circumstances known to the practitioner at the relevant time, a | ||||||
14 | reasonable person would conclude that the limitation, | ||||||
15 | modification, or restriction exists or that a similarly | ||||||
16 | licensed practitioner in this State would not be permitted to | ||||||
17 | provide the service. | ||||||
18 | (f) In addition to the authority granted by law of this | ||||||
19 | State to regulate the conduct of health practitioners, a | ||||||
20 | licensing board or other disciplinary authority in this State: | ||||||
21 | (1) may impose administrative sanctions upon a health | ||||||
22 | practitioner licensed in this State for conduct outside of | ||||||
23 | this State in response to an out-of-state emergency; | ||||||
24 | (2) may impose administrative sanctions upon a | ||||||
25 | practitioner not licensed in this State for conduct in this | ||||||
26 | State in response to an in-state emergency; and |
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1 | (3) shall report any administrative sanctions imposed | ||||||
2 | upon a practitioner licensed in another state to the | ||||||
3 | appropriate licensing board or other disciplinary | ||||||
4 | authority in any other state in which the practitioner is | ||||||
5 | known to be licensed. | ||||||
6 | (g) In determining whether to impose administrative | ||||||
7 | sanctions under subsection (f), a licensing board or other | ||||||
8 | disciplinary authority shall consider the circumstances in | ||||||
9 | which the conduct took place, including any exigent | ||||||
10 | circumstances, and the practitioner's scope of practice, | ||||||
11 | education, training, experience, and specialized skill. | ||||||
12 | Section 9. Relation to other laws.
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13 | (a) This Act does not limit rights, privileges, or | ||||||
14 | immunities provided to volunteer health practitioners by laws | ||||||
15 | other than this Act. Except as otherwise provided in subsection | ||||||
16 | (b), this Act does not affect requirements for the use of | ||||||
17 | health practitioners pursuant to the Emergency Management | ||||||
18 | Assistance Compact. | ||||||
19 | (b) The Illinois Emergency Management Agency, pursuant to | ||||||
20 | any mutual aid compacts entered into by this State, may | ||||||
21 | incorporate into the emergency forces of this State volunteer | ||||||
22 | health practitioners who are not officers or employees of this | ||||||
23 | State, a political subdivision of this State, or a municipality | ||||||
24 | or other local government within this State. |
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1 | Section 10. Regulatory authority. The Illinois Emergency | ||||||
2 | Management Agency may implement this Act. The Illinois | ||||||
3 | Emergency Management Agency shall consult with and consider the | ||||||
4 | recommendations of the entity established to coordinate the | ||||||
5 | implementation of the Emergency Management Assistance Compact | ||||||
6 | and shall also consult with and consider rules promulgated by | ||||||
7 | similarly empowered agencies in other states to promote | ||||||
8 | uniformity of application of this Act and make the emergency | ||||||
9 | response systems in the various states reasonably compatible. | ||||||
10 | Section 11. Workers' compensation coverage. A volunteer | ||||||
11 | health practitioner providing health or veterinary services | ||||||
12 | pursuant to this Act may be considered a volunteer in | ||||||
13 | accordance with subsection (k) of Section 10 of the Illinois | ||||||
14 | Emergency Management Act for the purposes of worker's | ||||||
15 | compensation coverage.
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16 | Section 12. Uniformity of application and construction. In | ||||||
17 | applying and construing this uniform act, consideration must be | ||||||
18 | given to the need to promote uniformity of the law with respect | ||||||
19 | to its subject matter among states that enact it.
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20 | Section 900. The Department of Professional Regulation Law | ||||||
21 | of the
Civil Administrative Code of Illinois is amended by | ||||||
22 | changing Section 2105-400 as follows: |
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1 | (20 ILCS 2105/2105-400)
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2 | Sec. 2105-400. Emergency Powers. | ||||||
3 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
4 | provided for in the Illinois Emergency Management Agency Act, | ||||||
5 | the Secretary of Financial and Professional Regulation shall | ||||||
6 | have the following powers, which shall be exercised only in | ||||||
7 | coordination with the Illinois Emergency Management Agency and | ||||||
8 | the Department of Public Health:
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9 | (1) The power to suspend the requirements for permanent | ||||||
10 | or temporary licensure of persons who are licensed in | ||||||
11 | another state and are working under the direction of the | ||||||
12 | Illinois Emergency Management Agency and the Department of | ||||||
13 | Public Health pursuant to a declared disaster. | ||||||
14 | (2) The power to modify the scope of practice | ||||||
15 | restrictions under any licensing act administered by the | ||||||
16 | Department for any person working under the direction of | ||||||
17 | the Illinois Emergency Management Agency and the Illinois | ||||||
18 | Department of Public Health pursuant to the declared | ||||||
19 | disaster. | ||||||
20 | (3) The power to expand the exemption in Section 4(a) | ||||||
21 | of the Pharmacy Practice Act to those licensed | ||||||
22 | professionals whose scope of practice has been modified, | ||||||
23 | under paragraph (2) of subsection (a) of this Section, to | ||||||
24 | include any element of the practice of pharmacy as defined | ||||||
25 | in the Pharmacy Practice Act for any person working under | ||||||
26 | the direction of the Illinois Emergency Management Agency |
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1 | and the Illinois Department of Public Health pursuant to | ||||||
2 | the declared disaster. | ||||||
3 | (4) The power to request the services of emergency | ||||||
4 | volunteer health practitioners registered with an approved | ||||||
5 | registration system created under the Uniform Emergency | ||||||
6 | Volunteer Health Practitioners Act. | ||||||
7 | (b) Persons exempt from licensure under paragraph (1) of | ||||||
8 | subsection (a) of this Section and persons operating under | ||||||
9 | modified scope of practice provisions under paragraph (2) of | ||||||
10 | subsection (a) of this Section shall be exempt from licensure | ||||||
11 | or be subject to modified scope of practice only until the | ||||||
12 | declared disaster has ended as provided by law. For purposes of | ||||||
13 | this Section, persons working under the direction of an | ||||||
14 | emergency services and disaster agency accredited by the | ||||||
15 | Illinois Emergency Management Agency and a local public health | ||||||
16 | department, pursuant to a declared disaster, shall be deemed to | ||||||
17 | be working under the direction of the Illinois Emergency | ||||||
18 | Management Agency and the Department of Public Health.
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19 | (c) The Director shall exercise these powers by way of | ||||||
20 | proclamation.
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21 | (Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)
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