Full Text of SB2285 95th General Assembly
SB2285eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 the Illinois Emergency Management Agency | 20 |
| Act. | 21 |
| (3) "Emergency declaration" means a declaration of | 22 |
| emergency or disaster issued by a person authorized to do so | 23 |
| under the laws of this State, a political subdivision of this |
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| State, or a municipality or other local government within this | 2 |
| State. | 3 |
| (4) "Emergency Management Assistance Compact" means the | 4 |
| interstate compact approved by Congress by Public Law No. | 5 |
| 104-321, 110 Stat. 3877 (Emergency Management Assistance | 6 |
| Compact Act (45 ILCS 151/1 et seq.)).
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| (5) "Entity" means a person other than an individual. | 8 |
| (6) "Health facility" means an entity licensed under the | 9 |
| laws of this or another state to provide health or veterinary | 10 |
| services. | 11 |
| (7) "Health practitioner" means an individual licensed | 12 |
| under the laws of this or another state to provide health or | 13 |
| veterinary services. | 14 |
| (8) "Health services" means the provision of treatment, | 15 |
| care, advice or guidance, or other services, or supplies, | 16 |
| related to the health or death of individuals or human | 17 |
| populations, to the extent necessary to respond to an | 18 |
| emergency, including:
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| (A) the following, concerning the physical or mental | 20 |
| condition or functional status of an individual or | 21 |
| affecting the structure or function of the body: | 22 |
| (i) preventive, diagnostic, therapeutic, | 23 |
| rehabilitative, maintenance, or palliative care; and | 24 |
| (ii) counseling, assessment, procedures, or other | 25 |
| services; | 26 |
| (B) sale or dispensing of a drug, a device, equipment, |
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| or another item to an individual in accordance with a | 2 |
| prescription; and | 3 |
| (C) funeral, cremation, cemetery, or other mortuary | 4 |
| services. | 5 |
| (9) "Host entity" means an entity operating in this State | 6 |
| which uses volunteer health practitioners to respond to an | 7 |
| emergency. | 8 |
| (10) "License" means authorization by a state to engage in | 9 |
| health or veterinary services that are unlawful without the | 10 |
| authorization. The term includes authorization under the laws | 11 |
| of this State to an individual to provide health or veterinary | 12 |
| services based upon a national certification issued by a public | 13 |
| or private entity. | 14 |
| (11) "Person" means an individual, corporation, business | 15 |
| trust, trust, partnership, limited liability company, | 16 |
| association, joint venture, public corporation, government or | 17 |
| governmental subdivision, agency, or instrumentality, or any | 18 |
| other legal or commercial entity. | 19 |
| (12) "Scope of practice" means the extent of the | 20 |
| authorization to provide health or veterinary services granted | 21 |
| to a health practitioner by a license issued to the | 22 |
| practitioner in the state in which the principal part of the | 23 |
| practitioner's services are rendered, including any conditions | 24 |
| imposed by the licensing authority. | 25 |
| (13) "State" means a state of the United States, the | 26 |
| District of Columbia, Puerto Rico, the United States Virgin |
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| Islands, or any territory or insular possession subject to the | 2 |
| jurisdiction of the United States. | 3 |
| (14) "Veterinary services" means the provision of | 4 |
| treatment, care, advice or guidance, or other services, or | 5 |
| supplies, related to the health or death of an animal or to | 6 |
| animal populations, to the extent necessary to respond to an | 7 |
| emergency, including: | 8 |
| (A) diagnosis, treatment, or prevention of an animal | 9 |
| disease, injury, or other physical or mental condition by | 10 |
| the prescription, administration, or dispensing of | 11 |
| vaccine, medicine, surgery, or therapy; | 12 |
| (B) use of a procedure for reproductive management; and | 13 |
| (C) monitoring and treatment of animal populations for | 14 |
| diseases that have spread or demonstrate the potential to | 15 |
| spread to humans. | 16 |
| (15) "Volunteer health practitioner" means a health | 17 |
| practitioner who provides health or veterinary services, | 18 |
| whether or not the practitioner receives compensation for those | 19 |
| services. The term does not include a practitioner who receives | 20 |
| compensation pursuant to a preexisting employment relationship | 21 |
| with a host entity or affiliate which requires the practitioner | 22 |
| to provide health services in this State, unless the | 23 |
| practitioner is not a resident of this State and is employed by | 24 |
| a disaster relief organization providing services in this State | 25 |
| while an emergency declaration is in effect. |
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| Section 3. Applicability to volunteer health | 2 |
| practitioners. This Act applies to volunteer health | 3 |
| practitioners registered with a registration system that | 4 |
| complies with Section 5 and who provide health or veterinary | 5 |
| services in this State for a host entity while an emergency | 6 |
| declaration is in effect.
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| Section 4. Regulation of services during emergency.
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| (a) While an emergency declaration is in effect, the | 9 |
| Department of Public Health 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 that uses volunteer health practitioners | 25 |
| to provide health or veterinary services in this State shall: |
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| (1) consult and coordinate its activities with the | 2 |
| Department of Public Health to the extent practicable to | 3 |
| provide for the efficient and effective use of volunteer | 4 |
| health practitioners; and | 5 |
| (2) comply with any laws other than this Act relating | 6 |
| to the management of emergency health or veterinary | 7 |
| services, including the Illinois Emergency Management | 8 |
| Agency Act. | 9 |
| Section 5. Volunteer Health Practitioner Registration | 10 |
| Systems.
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| (a) To qualify as a volunteer health practitioner | 12 |
| registration system, a system must: | 13 |
| (1) accept applications for the registration of | 14 |
| volunteer health practitioners before or during an | 15 |
| emergency; | 16 |
| (2) include information about the licensure and good | 17 |
| standing of health practitioners which is accessible by | 18 |
| authorized persons; | 19 |
| (3) be capable of confirming the accuracy of | 20 |
| information concerning whether a health practitioner is | 21 |
| licensed and in good standing before health services or | 22 |
| veterinary services are provided under this Act; and | 23 |
| (4) meet one of the following conditions: | 24 |
| (A) be an emergency system for advance | 25 |
| registration of volunteer health-care practitioners |
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| established by a state and funded through the | 2 |
| Department of Health and Human Services under Section | 3 |
| 319I of the Public Health Services Act, 42 U.S.C. | 4 |
| Section 247d-7b (as amended); | 5 |
| (B) be a local unit consisting of trained and | 6 |
| equipped emergency response, public health, and | 7 |
| medical personnel formed pursuant to Section 2801 of | 8 |
| the Public Health Services Act, 42 U.S.C. Section 300hh | 9 |
| (as amended); | 10 |
| (C) be operated by a: | 11 |
| (i) disaster relief organization; | 12 |
| (ii) licensing board; | 13 |
| (iii) national or regional association of | 14 |
| licensing boards or health practitioners; | 15 |
| (iv) health facility that provides | 16 |
| comprehensive inpatient and outpatient health-care | 17 |
| services, including a tertiary care, teaching | 18 |
| hospital, or ambulatory surgical treatment center; | 19 |
| or | 20 |
| (v) governmental entity; or | 21 |
| (D) be designated by the Department of Public | 22 |
| Health as a registration system for purposes of this | 23 |
| Act. | 24 |
| (b) While an emergency declaration is in effect, the | 25 |
| Department of Public Health, a person authorized to act on | 26 |
| behalf of the Department of Public Health, or a host entity, |
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| may confirm whether volunteer health practitioners utilized in | 2 |
| this State are registered with a registration system that | 3 |
| complies with subsection (a). Confirmation is limited to | 4 |
| obtaining identities of the practitioners from the system and | 5 |
| determining whether the system indicates that the | 6 |
| practitioners are licensed and in 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 is not required to use the services of a | 14 |
| volunteer health practitioner even if the practitioner is | 15 |
| registered with a registration system that indicates that the | 16 |
| practitioner is licensed and in good standing. | 17 |
| Section 6. Recognition of volunteer health practitioners | 18 |
| licensed in other states.
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| (a) While an emergency declaration is in effect, a | 20 |
| volunteer health practitioner, registered with a registration | 21 |
| system that complies with Section 5 and licensed and in good | 22 |
| standing in the state upon which the practitioner's | 23 |
| registration is based, may practice in this State to the extent | 24 |
| authorized by this Act as if the practitioner were licensed in | 25 |
| this State. |
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| (b) A volunteer health practitioner qualified under | 2 |
| subsection (a) is not entitled to the protections of this Act | 3 |
| if the practitioner is licensed in more than one state and any | 4 |
| license of the practitioner is suspended, revoked, or subject | 5 |
| to an agency order limiting or restricting practice privileges, | 6 |
| or has been voluntarily terminated under threat of sanction. | 7 |
| Section 7. No effect on credentialing and privileging.
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| (a) In this Section: | 9 |
| (1) "Credentialing" means obtaining, verifying, and | 10 |
| assessing the qualifications of a health practitioner to | 11 |
| provide treatment, care, or services in or for a health | 12 |
| facility. | 13 |
| (2) "Privileging" means the authorizing by an | 14 |
| appropriate authority, such as a governing body, of a | 15 |
| health practitioner to provide specific treatment, care, | 16 |
| or services at a health facility subject to limits based on | 17 |
| factors that include license, education, training, | 18 |
| experience, competence, health status, and specialized | 19 |
| skill. | 20 |
| (b) This Act does not affect credentialing or privileging | 21 |
| standards of a health facility and does not preclude a health | 22 |
| facility from waiving or modifying those standards while an | 23 |
| emergency declaration is in effect.
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| Section 8. Provision of volunteer health or veterinary |
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| services; administrative sanctions.
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| (a) Subject to subsections (b) and (c), a volunteer health | 3 |
| practitioner shall adhere to the scope of practice for a | 4 |
| similarly licensed practitioner established by the licensing | 5 |
| provisions, practice Acts, or other laws of this State. | 6 |
| (b) Except as otherwise provided in subsection (c), this | 7 |
| Act does not authorize a volunteer health practitioner to | 8 |
| provide services that are outside the practitioner's scope of | 9 |
| practice, even if a similarly licensed practitioner in this | 10 |
| State would be permitted to provide the services. | 11 |
| (c) The Illinois Emergency Management Agency, the | 12 |
| Department of Financial and Professional Regulation, or the | 13 |
| Department of Public Health may modify or restrict the health | 14 |
| or veterinary services that volunteer health practitioners may | 15 |
| provide pursuant to this Act. An order under this subsection | 16 |
| may take effect immediately, without prior notice or comment, | 17 |
| and is not a rule within the meaning of the Illinois | 18 |
| Administrative Procedure Act. | 19 |
| (d) A host entity may restrict the health or veterinary | 20 |
| services that a volunteer health practitioner may provide | 21 |
| pursuant to this Act. | 22 |
| (e) A volunteer health practitioner does not engage in | 23 |
| unauthorized practice unless the practitioner has reason to | 24 |
| know of any limitation, modification, or restriction under this | 25 |
| Section or that a similarly licensed practitioner in this State | 26 |
| would not be permitted to provide the services. A volunteer |
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| health practitioner has reason to know of a limitation, | 2 |
| modification, or restriction or that a similarly licensed | 3 |
| practitioner in this State would not be permitted to provide a | 4 |
| service if:
(1) the practitioner knows the limitation, | 5 |
| modification, or restriction exists or that a similarly | 6 |
| licensed practitioner in this State would not be permitted to | 7 |
| provide the service; or
(2) from all the facts and | 8 |
| circumstances known to the practitioner at the relevant time, a | 9 |
| reasonable person would conclude that 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. | 13 |
| (f) In addition to the authority granted by law of this | 14 |
| State other than this Act to regulate the conduct of health | 15 |
| practitioners, a licensing board or other disciplinary | 16 |
| authority in this State: | 17 |
| (1) may impose administrative sanctions upon a health | 18 |
| practitioner licensed in this State for conduct outside of | 19 |
| this State in response to an out-of-state emergency; | 20 |
| (2) may impose administrative sanctions upon a | 21 |
| practitioner not licensed in this State for conduct in this | 22 |
| State in response to an in-state emergency; and | 23 |
| (3) shall report any administrative sanctions imposed | 24 |
| upon a practitioner licensed in another state to the | 25 |
| appropriate licensing board or other disciplinary | 26 |
| authority in any other state in which the practitioner is |
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| known to be licensed. | 2 |
| (g) In determining whether to impose administrative | 3 |
| sanctions under subsection (f), a licensing board or other | 4 |
| disciplinary authority shall consider the circumstances in | 5 |
| which the conduct took place, including any exigent | 6 |
| circumstances, and the practitioner's scope of practice, | 7 |
| education, training, experience, and specialized skill. | 8 |
| Section 9. Relation to other laws.
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| (a) This Act does not limit rights, privileges, or | 10 |
| immunities provided to volunteer health practitioners by laws | 11 |
| other than this Act. Except as otherwise provided in subsection | 12 |
| (b), this Act does not affect requirements for the use of | 13 |
| health practitioners pursuant to the Emergency Management | 14 |
| Assistance Compact. | 15 |
| (b) The Illinois Emergency Management Agency, pursuant to | 16 |
| the Emergency Management Assistance Compact, may incorporate | 17 |
| into the emergency forces of this State volunteer health | 18 |
| practitioners who are not officers or employees of this State, | 19 |
| a political subdivision of this State, or a municipality or | 20 |
| other local government within this State. | 21 |
| Section 10. Regulatory Authority. The Department of Public | 22 |
| Health may promulgate rules to implement this Act. In doing so, | 23 |
| the Department of Public Health shall consult with and consider | 24 |
| the recommendations of the entity established to coordinate the |
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| implementation of the Emergency Management Assistance Compact | 2 |
| and shall also consult with and consider rules promulgated by | 3 |
| similarly empowered agencies in other states to promote | 4 |
| uniformity of application of this Act and make the emergency | 5 |
| response systems in the various states reasonably compatible. | 6 |
| Section 11. (Blank). | 7 |
| Section 12. Workers' compensation coverage. | 8 |
| (a) In this Section, "injury" means a physical or mental | 9 |
| injury or disease for which an employee of this State who is | 10 |
| injured or contracts the disease in the course of the | 11 |
| employee's employment would be entitled to benefits under the | 12 |
| workers' compensation or occupational disease law of this | 13 |
| State. | 14 |
| (b) A volunteer health practitioner who dies or is injured | 15 |
| as the result of providing health or veterinary services | 16 |
| pursuant to this Act is deemed to be an employee of this State | 17 |
| for the purpose of receiving benefits for the death or injury | 18 |
| under the workers' compensation or occupational disease law of | 19 |
| this State if: | 20 |
| (1) the practitioner is not otherwise eligible for such | 21 |
| benefits for the injury or death under the law of this or | 22 |
| another state; and | 23 |
| (2) the practitioner, or in the case of death the | 24 |
| practitioner's personal representative, elects coverage |
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| under the workers' compensation or occupational disease | 2 |
| law of this State by making a claim under that law. | 3 |
| (c) The Illinois Workers' Compensation Commission shall | 4 |
| adopt rules, enter into agreements with other states, or take | 5 |
| other measures to facilitate the receipt of benefits for injury | 6 |
| or death under the workers' compensation or occupational | 7 |
| disease law of this State by volunteer health practitioners who | 8 |
| reside in other states, and may waive or modify requirements | 9 |
| for filing, processing, and paying claims that unreasonably | 10 |
| burden the practitioners. To promote uniformity of application | 11 |
| of this Act with other states that enact similar legislation, | 12 |
| the Illinois Workers' Compensation Commission shall consult | 13 |
| with and consider the practices for filing, processing, and | 14 |
| paying claims by agencies with similar authority in other | 15 |
| states.
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| Section 900. The Department of Professional Regulation Law | 17 |
| of the
Civil Administrative Code of Illinois is amended by | 18 |
| changing Section 2105-400 as follows: | 19 |
| (20 ILCS 2105/2105-400)
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| Sec. 2105-400. Emergency Powers. | 21 |
| (a) Upon proclamation of a disaster by the Governor, as | 22 |
| provided for in the Illinois Emergency Management Agency Act, | 23 |
| the Secretary of Financial and Professional Regulation shall | 24 |
| have the following powers, which shall be exercised only in |
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| coordination with the Illinois Emergency Management Agency and | 2 |
| the Department of Public Health:
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| (1) The power to suspend the requirements for permanent | 4 |
| or temporary licensure of persons who are licensed in | 5 |
| another state and are working under the direction of the | 6 |
| Illinois Emergency Management Agency and the Department of | 7 |
| Public Health pursuant to a declared disaster. | 8 |
| (2) The power to modify the scope of practice | 9 |
| restrictions under any licensing act administered by the | 10 |
| Department for any person working under the direction of | 11 |
| the Illinois Emergency Management Agency and the Illinois | 12 |
| Department of Public Health pursuant to the declared | 13 |
| disaster. | 14 |
| (3) The power to expand the exemption in Section 4(a) | 15 |
| of the Pharmacy Practice Act to those licensed | 16 |
| professionals whose scope of practice has been modified, | 17 |
| under paragraph (2) of subsection (a) of this Section, to | 18 |
| include any element of the practice of pharmacy as defined | 19 |
| in the Pharmacy Practice Act for any person working under | 20 |
| the direction of the Illinois Emergency Management Agency | 21 |
| and the Illinois Department of Public Health pursuant to | 22 |
| the declared disaster. | 23 |
| (4) The power to request the services of emergency | 24 |
| volunteer health practitioners registered with an approved | 25 |
| registration system created under the Uniform Emergency | 26 |
| Volunteer Health Practitioners Act. |
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| (b) Persons exempt from licensure under paragraph (1) of | 2 |
| subsection (a) of this Section and persons operating under | 3 |
| modified scope of practice provisions under paragraph (2) of | 4 |
| subsection (a) of this Section shall be exempt from licensure | 5 |
| or be subject to modified scope of practice only until the | 6 |
| declared disaster has ended as provided by law. For purposes of | 7 |
| this Section, persons working under the direction of an | 8 |
| emergency services and disaster agency accredited by the | 9 |
| Illinois Emergency Management Agency and a local public health | 10 |
| department, pursuant to a declared disaster, shall be deemed to | 11 |
| be working under the direction of the Illinois Emergency | 12 |
| Management Agency and the Department of Public Health.
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| (c) The Director shall exercise these powers by way of | 14 |
| proclamation.
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| (Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)
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