Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 319 (2021GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• extends application of the Emergency Volunteer Health Practitioners Act to emergencies declared by the president of the United States and certain local government entities;
• requires a host entity to consult with the Department of Human Services when providing volunteer services under the act; and
• makes technical changes.

Every vote on this bill

Bill text

EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
Chris H. Wilson
LONG TITLE
General Description:
This bill amends the Emergency Volunteer Health Practitioners Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ extends application of the Emergency Volunteer Health Practitioners Act to
emergencies declared by the president of the United States and certain local
government entities;
▸ requires a host entity to consult with the Department of Human Services when
providing volunteer services under the act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-49-102
, as last amended by Laws of Utah 2013, Chapter 295
26-49-103
, as enacted by Laws of Utah 2008, Chapter 242
26-49-201
, as enacted by Laws of Utah 2008, Chapter 242
26-49-202
, as last amended by Laws of Utah 2011, Chapter 297
26-49-203
, as enacted by Laws of Utah 2008, Chapter 242
26-49-204
, as enacted by Laws of Utah 2008, Chapter 242
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-49-102
 is amended to read:
26-49-102.
Definitions.
As used in this chapter:
(1) "Department of Health" shall have the meaning provided for in Section 
26-1-4
.
(2) "Disaster relief organization" means an entity that:
(a) provides emergency or disaster relief services that include health or veterinary
services provided by volunteer health practitioners;
(b) is designated or recognized as a provider of the services described in Subsection
(2)(a) under a disaster response and recovery plan adopted by:
(i) an agency of the federal government;
(ii) the state Department of Health; or
(iii) a local health department; and
(c) regularly plans and conducts its activities in coordination with:
(i) an agency of the federal government;
(ii) the Department of Health; or
(iii) a local health department.
[
(3) "Emergency" means a "state of emergency" as defined in Section 
53-2a-203
.
]
[
(4) "Emergency declaration" means a declaration made in accordance with Section
53-2a-206
 or 
53-2a-208
.
]
(3) "Emergency" means:
(a) a state of emergency declared by:
(i) the president of the United States;
(ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and
Recovery Act; and
(iii) the chief executive officer of a political subdivision in accordance with Title 53,
Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
(b) a public health emergency declared by:
(i) the executive director through a public health order in accordance with Title 26,
Utah Health Code; or
(ii) a local health department for a location under the local health department's
jurisdiction.
[
(5)
] 
(4)
 "Emergency Management Assistance Compact" means the interstate compact
approved by Congress by Public Law No. 104-321, 110 Stat. 3877 and adopted by Utah in Title
53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
[
(6)
] 
(5)
 "Entity" means a person other than an individual.
[
(7)
] 
(6)
 "Health facility" means an entity licensed under the laws of this or another
state to provide health or veterinary services.
[
(8)
] 
(7)
 "Health practitioner" means an individual licensed under Utah law or another
state to provide health or veterinary services.
[
(9)
] 
(8)
 "Health services" means the provision of treatment, care, advice, guidance,
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:
(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; or
(ii) counseling, assessment, procedures, or other services;
(b) selling or dispensing a drug, a device, equipment, or another item to an individual
in accordance with a prescription; and
(c) funeral, cremation, cemetery, or other mortuary services.
[
(10)
] 
(9)
 "Host entity":
(a) means an entity operating in Utah that:
(i) uses volunteer health practitioners to respond to an emergency; and
(ii) is responsible during an emergency, for actually delivering health services to
individuals or human populations, or veterinary services to animals or animal populations; and
(b) may include disaster relief organizations, hospitals, clinics, emergency shelters,
health care provider offices, or any other place where volunteer health practitioners may
provide health or veterinary services.
[
(11)
] 
(10)
 (a) "License" means authorization by a state to engage in health or
veterinary services that are unlawful without authorization.
(b) "License" includes authorization under this title to an individual to provide health
or veterinary services based upon a national or state certification issued by a public or private
entity.
(11) "Local emergency" means the same as that term is defined in Section 
53-2a-203
.
(12) "Local health department" [
shall have the meaning provided for in Subsection
]
means the same as that term is defined in Section
26A-1-102
[
(5)
].
(13) "Person" means an 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.
(14) "Public health emergency" means the same as that term is defined in Section
26-23b-102
.
[
(14)
] 
(15)
 "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.
[
(15)
] 
(16)
 "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) Puerto Rico;
(d) the United States Virgin Islands; or
(e) any territory or insular possession subject to the jurisdiction of the United States.
[
(16)
] 
(17)
 "Veterinary services" shall have the meaning provided for in Subsection
58-28-102
(11).
[
(17)
] 
(18)
 (a) "Volunteer health practitioner" means a health practitioner who provides
health or veterinary services, whether or not the practitioner receives compensation for those
services.
(b) "Volunteer health practitioner" does not include a practitioner who receives
compensation under a preexisting employment relationship with a host entity or affiliate that
requires the practitioner to provide health services in Utah, unless the practitioner is:
(i) not a Utah resident; and
(ii) employed by a disaster relief organization providing services in Utah [
while an
emergency declaration is in effect
] 
during an emergency
.
Section 2. Section 
26-49-103
 is amended to read:
26-49-103.
Applicability to volunteer health practitioners.
This chapter applies to volunteer health practitioners who:
(1) are registered with a registration system that complies with Section 
26-49-202
; and
(2) provide health or veterinary services in Utah for a host entity [
while an emergency
declaration is in effect
] 
during an emergency
.
Section 3. Section 
26-49-201
 is amended to read:
26-49-201.
Regulation of services during emergency.
(1) [
While an emergency declaration is in effect
] 
During an emergency
, the Department
of Health or a local health department may limit, restrict, or otherwise regulate:
(a) the duration of practice by volunteer health practitioners;
(b) the geographical areas in which volunteer health practitioners may practice;
(c) the types of volunteer health practitioners who may practice; and
(d) any other matters necessary to coordinate effectively the provision of health or
veterinary services during the emergency.
(2) An order issued under Subsection (1) takes effect immediately, without prior notice
or comment, and is not a rule within the meaning of Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, or an adjudication within the meaning of Title 63G, Chapter 4,
Administrative Procedures Act.
(3) A host entity that uses volunteer health practitioners to provide health or veterinary
services in Utah shall:
(a) to the extent practicable and in order to provide for the efficient and effective use of
volunteer health practitioners, consult and coordinate its activities with:
(i) the Department of Health;
(ii) local health departments; [
or
]
(iii) the [
Utah
] Department of Agriculture and Food; 
or
(iv) the Department of Human Services; and
(b) comply with all state and federal laws relating to the management of emergency
health or veterinary services.
Section 4. Section 
26-49-202
 is amended to read:
26-49-202.
Volunteer health practitioner registration systems.
(1) To qualify as a volunteer health practitioner registration system, the registration
system shall:
(a) accept applications for the registration of volunteer health practitioners before or
during an emergency;
(b) include information about the licensure and good standing of health practitioners
that is accessible by authorized persons;
(c) 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
(d) 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 United States Department of Health and Human
Services under Section 319I of the Public Health Services Act, 42 U.S.C. Sec. 247d-7b, as
amended;
(ii) be a local unit consisting of trained and equipped emergency response, public
health, and medical personnel formed under Section 2801 of the Public Health Services Act, 42
U.S.C. Sec. 300hh as amended;
(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 healthcare
services, including tertiary care; or
(E) governmental entity; or
(iv) be designated by the Department of Health as a registration system for purposes of
this chapter.
(2) (a) Subject to Subsection (2)(b), [
while an emergency declaration is in effect
]
during an emergency
, the Department of Health, a person authorized to act on behalf of the
Department of Health, or a host entity shall confirm whether a volunteer health practitioner in
Utah is registered with a registration system that complies with Subsection (1).
(b) The confirmation authorized under this Subsection (2) is limited to obtaining the
identity of the practitioner from the system and determining whether the system indicates that
the practitioner is licensed and in good standing.
(3) Upon request of a person authorized under Subsection (2), or a similarly authorized
person in another state, a registration system located in Utah shall notify the person of the
identity of a volunteer health practitioner and whether or not the volunteer health practitioner is
licensed and in good standing.
(4) A host entity is not required to use the services of a volunteer health practitioner
even if the volunteer health practitioner is registered with a registration system that indicates
that the practitioner is licensed and in good standing.
Section 5. Section 
26-49-203
 is amended to read:
26-49-203.
Recognition of volunteer health practitioners licensed in other states.
(1) [
While an emergency declaration is in effect
] 
During an emergency
, a volunteer
health practitioner registered with a registration system that complies with Section 
26-49-202
and licensed and in good standing in the state upon which the practitioner's registration is
based:
(a) may practice in Utah to the extent authorized by this chapter as if the practitioner
were licensed in Utah; and
(b) is exempt from:
(i) licensure in Utah; or
(ii) operating under modified scope of practice provisions in accordance with
Subsections 
58-1-307
(4) and (5).
(2) A volunteer health practitioner qualified under Subsection (1) is not entitled to the
protections of this chapter if the practitioner is licensed in more than one state and any license
of the practitioner:
(a) is suspended, revoked, or subject to an agency order limiting or restricting practice
privileges; or
(b) has been voluntarily terminated under threat of sanction.
Section 6. Section 
26-49-204
 is amended to read:
26-49-204.
No effect on credentialing and privileging.
(1) For purposes of this section:
(a) "Credentialing" means obtaining, verifying, and assessing the qualifications of a
health practitioner to provide treatment, care, or services.
(b) "Privileging" means the authorizing by an appropriate authority 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.
(2) 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
] 
during an emergency
.