Full Text of SB2285 95th General Assembly
SB2285ham001 95TH GENERAL ASSEMBLY
|
Human Services Committee
Filed: 5/28/2008
|
|
09500SB2285ham001 |
|
LRB095 16126 RAS 51428 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2285
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2285 by replacing | 3 |
| everything after the enacting clause with the following: | 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 |
|
|
|
09500SB2285ham001 |
- 2 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| the Illinois Emergency Management Agency. | 2 |
| (2) "Emergency" means an event or condition that is a | 3 |
| disaster as defined in Section 4 of the Illinois Emergency | 4 |
| Management Agency Act. | 5 |
| (3) "Emergency declaration" means a declaration of | 6 |
| emergency issued by a person authorized to do so under the laws | 7 |
| of this State or a disaster proclamation issued by the Governor | 8 |
| pursuant to Section 7 of the Illinois Emergency Management | 9 |
| Agency Act. | 10 |
| (4) (Reserved).
| 11 |
| (5) "Entity" means a person other than an individual. | 12 |
| (6) "Health facility" means an entity licensed under the | 13 |
| laws of this or another state to provide health or veterinary | 14 |
| services. | 15 |
| (7) "Health practitioner" means an individual licensed | 16 |
| under the laws of this or another state to provide health or | 17 |
| veterinary services. | 18 |
| (8) "Health services" means the provision of treatment, | 19 |
| care, advice or guidance, or other services, or supplies, | 20 |
| related to the health or death of individuals or human | 21 |
| populations, to the extent necessary to respond to an | 22 |
| emergency, including:
| 23 |
| (A) the following, concerning the physical or mental | 24 |
| condition or functional status of an individual or | 25 |
| affecting the structure or function of the body: | 26 |
| (i) preventive, diagnostic, therapeutic, |
|
|
|
09500SB2285ham001 |
- 3 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| rehabilitative, maintenance, or palliative care; and | 2 |
| (ii) counseling, assessment, procedures, or other | 3 |
| services; | 4 |
| (B) sale or dispensing of a drug, a device, equipment, | 5 |
| or another item to an individual in accordance with a | 6 |
| prescription; and | 7 |
| (C) funeral, cremation, cemetery, or other mortuary | 8 |
| services. | 9 |
| (9) "Host entity" means an entity operating in this State | 10 |
| which uses volunteer health practitioners to respond to an | 11 |
| emergency, including a healthcare facility, system, clinic or | 12 |
| other fixed or mobile location where health care services are | 13 |
| provided. A disaster relief organization may also be a host | 14 |
| entity under this subsection to the extent that it operates a | 15 |
| healthcare facility, system, clinic, or other fixed or mobile | 16 |
| location in providing emergency or disaster relief services. | 17 |
| (10) "License" means authorization by a state to engage in | 18 |
| health or veterinary services that are unlawful without the | 19 |
| authorization. | 20 |
| (11) "Person" means an individual, corporation, business | 21 |
| trust, trust, partnership, limited liability company, | 22 |
| association, joint venture, public corporation, government or | 23 |
| governmental subdivision, agency, or instrumentality, or any | 24 |
| other legal or commercial entity. | 25 |
| (12) "Scope of practice" means the extent of the | 26 |
| authorization to provide health or veterinary services granted |
|
|
|
09500SB2285ham001 |
- 4 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| to a health practitioner by a license issued to the | 2 |
| practitioner in the state in which the principal part of the | 3 |
| practitioner's services are rendered, including any conditions | 4 |
| imposed by the licensing authority. | 5 |
| (13) "State" means a state of the United States, the | 6 |
| District of Columbia, Puerto Rico, the United States Virgin | 7 |
| Islands, or any territory or insular possession subject to the | 8 |
| jurisdiction of the United States. | 9 |
| (14) "Veterinary services" means the provision of | 10 |
| treatment, care, advice or guidance, or other services, or | 11 |
| supplies, related to the health or death of an animal or to | 12 |
| animal populations, to the extent necessary to respond to an | 13 |
| emergency declaration, including: | 14 |
| (A) diagnosis, treatment, or prevention of an animal | 15 |
| disease, injury, or other physical or mental condition by | 16 |
| the prescription, administration, or dispensing of | 17 |
| vaccine, medicine, surgery, or therapy; | 18 |
| (B) use of a procedure for reproductive management; and | 19 |
| (C) monitoring and treatment of animal populations for | 20 |
| diseases that have spread or demonstrate the potential to | 21 |
| spread to humans. | 22 |
| (15) "Volunteer health practitioner" means a health | 23 |
| practitioner who provides health or veterinary services, | 24 |
| whether or not the practitioner receives compensation for those | 25 |
| services. The term does not include a practitioner who receives | 26 |
| compensation pursuant to an employment relationship existing |
|
|
|
09500SB2285ham001 |
- 5 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| at the time of the emergency with a host entity which requires | 2 |
| the practitioner to provide health services in this State, | 3 |
| unless the practitioner is not a resident of this State and is | 4 |
| employed by a disaster relief organization providing services | 5 |
| in this State while an emergency declaration is in effect. | 6 |
| Section 3. Applicability to volunteer health | 7 |
| practitioners. This Act applies to volunteer health | 8 |
| practitioners registered with a registration system that | 9 |
| complies with Section 5 and who provide health or veterinary | 10 |
| services in this State for a host entity or disaster relief | 11 |
| organization while an emergency declaration is in effect.
| 12 |
| Section 4. Regulation of services during emergency.
| 13 |
| (a) While a disaster proclamation under the Illinois | 14 |
| Emergency Management Agency Act is in effect, the Illinois | 15 |
| Emergency Management Agency may limit, restrict, or otherwise | 16 |
| regulate: | 17 |
| (1) the duration of practice by volunteer health | 18 |
| practitioners; | 19 |
| (2) the geographical areas in which volunteer health | 20 |
| practitioners may practice; | 21 |
| (3) the types of volunteer health practitioners who may | 22 |
| practice; and | 23 |
| (4) any other matters necessary to coordinate | 24 |
| effectively the provision of health or veterinary services |
|
|
|
09500SB2285ham001 |
- 6 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| during the emergency. | 2 |
| (b) An order issued pursuant to subsection (a) may take | 3 |
| effect immediately, without prior notice or comment, and is not | 4 |
| a rule within the meaning of the Illinois Administrative | 5 |
| Procedure Act. | 6 |
| (c) A host entity or disaster relief organization that uses | 7 |
| volunteer health practitioners to provide health or veterinary | 8 |
| services in this State shall: | 9 |
| (1) consult and coordinate its activities with the | 10 |
| Illinois Emergency Management Agency to the extent | 11 |
| practicable to provide for the efficient and effective use | 12 |
| of volunteer health practitioners; and | 13 |
| (2) comply with any laws relating to the management of | 14 |
| emergency health or veterinary services. | 15 |
| Section 5. Volunteer Health Practitioner Registration | 16 |
| Systems.
| 17 |
| (a) To qualify as a volunteer health practitioner | 18 |
| registration system, a system must: | 19 |
| (1) accept applications for the registration of | 20 |
| volunteer health practitioners before or during an | 21 |
| emergency; | 22 |
| (2) include information about the licensure and good | 23 |
| standing of health practitioners which is accessible by | 24 |
| authorized persons; | 25 |
| (3) be capable of confirming the accuracy of |
|
|
|
09500SB2285ham001 |
- 7 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| information concerning whether a health practitioner is | 2 |
| licensed and in good standing before health services or | 3 |
| veterinary services are provided under this Act; and | 4 |
| (4) meet one of the following conditions: | 5 |
| (A) be an emergency system for advance | 6 |
| registration of volunteer health-care practitioners | 7 |
| established by a state and funded through the | 8 |
| Department of Health and Human Services under Section | 9 |
| 319I of the Public Health Services Act, 42 U.S.C. | 10 |
| Section 247d-7b (as amended); | 11 |
| (B) be a local unit consisting of trained and | 12 |
| equipped emergency response, public health, and | 13 |
| medical personnel formed pursuant to Section 2801 of | 14 |
| the Public Health Services Act, 42 U.S.C. Section 300hh | 15 |
| (as amended); | 16 |
| (C) be operated by a: | 17 |
| (i) disaster relief organization; | 18 |
| (ii) licensing board; | 19 |
| (iii) national or regional association of | 20 |
| licensing boards or health practitioners; | 21 |
| (iv) health facility that provides | 22 |
| comprehensive inpatient and outpatient health-care | 23 |
| services, including a tertiary care, teaching | 24 |
| hospital, or ambulatory surgical treatment center; | 25 |
| or | 26 |
| (v) governmental entity; or |
|
|
|
09500SB2285ham001 |
- 8 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| (D) be designated by the Department of Public | 2 |
| Health as a registration system for purposes of this | 3 |
| Act. | 4 |
| (b) While an emergency declaration is in effect, the | 5 |
| Department of Public Health, a person authorized to act on | 6 |
| behalf of the Department of Public Health, or a host entity or | 7 |
| disaster relief organization, may confirm whether volunteer | 8 |
| health practitioners utilized in this State are registered with | 9 |
| a registration system that complies with subsection (a). | 10 |
| Confirmation is limited to obtaining identities of the | 11 |
| practitioners from the system and determining whether the | 12 |
| system indicates that the practitioners are licensed and in | 13 |
| good standing. | 14 |
| (c) Upon request of a person in this State authorized under | 15 |
| subsection (b), or a similarly authorized person in another | 16 |
| state, a registration system located in this State shall notify | 17 |
| the person of the identities of volunteer health practitioners | 18 |
| and whether the practitioners are licensed and in good | 19 |
| standing. | 20 |
| (d) A host entity or disaster relief organization is not | 21 |
| required to use the services of a volunteer health practitioner | 22 |
| even if the practitioner is registered with a registration | 23 |
| system that indicates that the practitioner is licensed and in | 24 |
| good standing. | 25 |
| Section 6. Recognition of volunteer health practitioners |
|
|
|
09500SB2285ham001 |
- 9 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| licensed in other states.
| 2 |
| (a) While an emergency declaration is in effect, a | 3 |
| volunteer health practitioner, registered with a registration | 4 |
| system that complies with Section 5 and licensed and in good | 5 |
| standing in the state upon which the practitioner's | 6 |
| registration is based, may practice in this State to the extent | 7 |
| authorized by this Act as if the practitioner were licensed in | 8 |
| this State. | 9 |
| (b) A volunteer health practitioner qualified under | 10 |
| subsection (a) is not entitled to the protections of this Act | 11 |
| if the practitioner is licensed in more than one state and any | 12 |
| license of the practitioner is suspended, revoked, or subject | 13 |
| to an agency order limiting or restricting practice privileges, | 14 |
| or has been voluntarily terminated under threat of sanction. | 15 |
| Section 7. No effect on credentialing and privileging.
| 16 |
| (a) In this Section: | 17 |
| (1) "Credentialing" means obtaining, verifying, and | 18 |
| assessing the qualifications of a health practitioner to | 19 |
| provide treatment, care, or services in or for a health | 20 |
| facility. | 21 |
| (2) "Privileging" means the authorizing by an | 22 |
| appropriate authority, such as a governing body, of a | 23 |
| health practitioner to provide specific treatment, care, | 24 |
| or services at a health facility subject to limits based on | 25 |
| factors that include license, education, training, |
|
|
|
09500SB2285ham001 |
- 10 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| experience, competence, health status, and specialized | 2 |
| skill. | 3 |
| (b) This Act does not affect credentialing or privileging | 4 |
| standards of a health facility and does not preclude a health | 5 |
| facility from waiving or modifying those standards while an | 6 |
| emergency declaration is in effect.
| 7 |
| Section 8. Provision of volunteer health or veterinary | 8 |
| services; administrative sanctions.
| 9 |
| (a) Subject to subsections (b) and (c), a volunteer health | 10 |
| practitioner shall adhere to the scope of practice for a | 11 |
| similarly licensed practitioner established by the licensing | 12 |
| provisions, practice Acts, or other laws of this State. | 13 |
| (b) Except as otherwise provided in subsection (c), this | 14 |
| Act does not authorize a volunteer health practitioner to | 15 |
| provide services that are outside the practitioner's scope of | 16 |
| practice, even if a similarly licensed practitioner in this | 17 |
| State would be permitted to provide the services. | 18 |
| (c) Consistent with the Department of Professional | 19 |
| Regulation Law of the Civil Administrative Code of Illinois and | 20 |
| the Department of Public Health Powers and Duties Law of the | 21 |
| Civil Administrative Code of Illinois, the Illinois Emergency | 22 |
| Management Agency, the Department of Financial and | 23 |
| Professional Regulation, or the Department of Public Health may | 24 |
| modify or restrict the health or veterinary services that | 25 |
| volunteer health practitioners may provide pursuant to this Act |
|
|
|
09500SB2285ham001 |
- 11 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| during an emergency. A proclamation under this subsection may | 2 |
| take effect immediately, without prior notice or comment, and | 3 |
| is not a rule within the meaning of the Illinois Administrative | 4 |
| Procedure Act. | 5 |
| (d) A host entity or disaster relief organization may | 6 |
| restrict the health or veterinary services that a volunteer | 7 |
| health practitioner may provide pursuant to this Act. | 8 |
| (e) A volunteer health practitioner does not engage in | 9 |
| unauthorized practice unless the practitioner has reason to | 10 |
| know of any limitation, modification, or restriction under this | 11 |
| Section or that a similarly licensed practitioner in this State | 12 |
| would not be permitted to provide the services. A volunteer | 13 |
| health practitioner has reason to know of a limitation, | 14 |
| modification, or restriction or that a similarly licensed | 15 |
| practitioner in this State would not be permitted to provide a | 16 |
| service if:
(1) the practitioner knows the limitation, | 17 |
| modification, or restriction exists or that a similarly | 18 |
| licensed practitioner in this State would not be permitted to | 19 |
| provide the service; or
(2) from all the facts and | 20 |
| circumstances known to the practitioner at the relevant time, a | 21 |
| reasonable person would conclude that the limitation, | 22 |
| modification, or restriction exists or that a similarly | 23 |
| licensed practitioner in this State would not be permitted to | 24 |
| provide the service. | 25 |
| (f) In addition to the authority granted by law of this | 26 |
| State to regulate the conduct of health practitioners, a |
|
|
|
09500SB2285ham001 |
- 12 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| licensing board or other disciplinary authority in this State: | 2 |
| (1) may impose administrative sanctions upon a health | 3 |
| practitioner licensed in this State for conduct outside of | 4 |
| this State in response to an out-of-state emergency; | 5 |
| (2) may impose administrative sanctions upon a | 6 |
| practitioner not licensed in this State for conduct in this | 7 |
| State in response to an in-state emergency; and | 8 |
| (3) shall report any administrative sanctions imposed | 9 |
| upon a practitioner licensed in another state to the | 10 |
| appropriate licensing board or other disciplinary | 11 |
| authority in any other state in which the practitioner is | 12 |
| known to be licensed. | 13 |
| (g) In determining whether to impose administrative | 14 |
| sanctions under subsection (f), a licensing board or other | 15 |
| disciplinary authority shall consider the circumstances in | 16 |
| which the conduct took place, including any exigent | 17 |
| circumstances, and the practitioner's scope of practice, | 18 |
| education, training, experience, and specialized skill. | 19 |
| Section 9. Relation to other laws.
| 20 |
| (a) This Act does not limit rights, privileges, or | 21 |
| immunities provided to volunteer health practitioners by laws | 22 |
| other than this Act. Except as otherwise provided in subsection | 23 |
| (b), this Act does not affect requirements for the use of | 24 |
| health practitioners pursuant to the Emergency Management | 25 |
| Assistance Compact. |
|
|
|
09500SB2285ham001 |
- 13 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| (b) The Illinois Emergency Management Agency, pursuant to | 2 |
| any mutual aid compacts entered into by this State, may | 3 |
| incorporate into the emergency forces of this State volunteer | 4 |
| health practitioners who are not officers or employees of this | 5 |
| State, a political subdivision of this State, or a municipality | 6 |
| or other local government within this State. | 7 |
| Section 10. Regulatory authority. The Illinois Emergency | 8 |
| Management Agency may implement this Act. The Illinois | 9 |
| Emergency Management Agency shall consult with and consider the | 10 |
| recommendations of the entity established to coordinate the | 11 |
| implementation of the Emergency Management Assistance Compact | 12 |
| and shall also consult with and consider rules promulgated by | 13 |
| similarly empowered agencies in other states to promote | 14 |
| uniformity of application of this Act and make the emergency | 15 |
| response systems in the various states reasonably compatible. | 16 |
| Section 11. Workers' compensation coverage. A volunteer | 17 |
| health practitioner providing health or veterinary services | 18 |
| pursuant to this Act may be considered a volunteer in | 19 |
| accordance with subsection (k) of Section 10 of the Illinois | 20 |
| Emergency Management Act for the purposes of worker's | 21 |
| compensation coverage.
| 22 |
| Section 12. Uniformity of application and construction. In | 23 |
| applying and construing this uniform act, consideration must be |
|
|
|
09500SB2285ham001 |
- 14 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| given to the need to promote uniformity of the law with respect | 2 |
| to its subject matter among states that enact it.
| 3 |
| Section 800. No authority to make or promulgate rules. | 4 |
| Notwithstanding any other rulemaking authority that may exist, | 5 |
| neither the Governor nor any agency or agency head under the | 6 |
| jurisdiction of the Governor has any authority to make or | 7 |
| promulgate rules to implement or enforce the provisions of this | 8 |
| Act. If, however, the Governor believes that rules are | 9 |
| necessary to implement or enforce the provisions of this Act, | 10 |
| the Governor may suggest rules to the General Assembly by | 11 |
| filing them with the Clerk of the House and Secretary of the | 12 |
| Senate and by requesting that the General Assembly authorize | 13 |
| such rulemaking by law, enact those suggested rules into law, | 14 |
| or take any other appropriate action in the General Assembly's | 15 |
| discretion. Nothing contained in this Act shall be interpreted | 16 |
| to grant rulemaking authority under any other Illinois statute | 17 |
| where such authority is not otherwise explicitly given. For the | 18 |
| purposes of this Act, "rules" is given the meaning contained in | 19 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 20 |
| "agency" and "agency head" are given the meanings contained in | 21 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 22 |
| Act to the extent that such definitions apply to agencies or | 23 |
| agency heads under the jurisdiction of the Governor. | 24 |
| Section 900. The Department of Professional Regulation Law |
|
|
|
09500SB2285ham001 |
- 15 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| of the
Civil Administrative Code of Illinois is amended by | 2 |
| changing Section 2105-400 as follows: | 3 |
| (20 ILCS 2105/2105-400)
| 4 |
| Sec. 2105-400. Emergency Powers. | 5 |
| (a) Upon proclamation of a disaster by the Governor, as | 6 |
| provided for in the Illinois Emergency Management Agency Act, | 7 |
| the Secretary of Financial and Professional Regulation shall | 8 |
| have the following powers, which shall be exercised only in | 9 |
| coordination with the Illinois Emergency Management Agency and | 10 |
| the Department of Public Health:
| 11 |
| (1) The power to suspend the requirements for permanent | 12 |
| or temporary licensure of persons who are licensed in | 13 |
| another state and are working under the direction of the | 14 |
| Illinois Emergency Management Agency and the Department of | 15 |
| Public Health pursuant to a declared disaster. | 16 |
| (2) The power to modify the scope of practice | 17 |
| restrictions under any licensing act administered by the | 18 |
| Department for any person working under the direction of | 19 |
| the Illinois Emergency Management Agency and the Illinois | 20 |
| Department of Public Health pursuant to the declared | 21 |
| disaster. | 22 |
| (3) The power to expand the exemption in Section 4(a) | 23 |
| of the Pharmacy Practice Act to those licensed | 24 |
| professionals whose scope of practice has been modified, | 25 |
| under paragraph (2) of subsection (a) of this Section, to |
|
|
|
09500SB2285ham001 |
- 16 - |
LRB095 16126 RAS 51428 a |
|
| 1 |
| include any element of the practice of pharmacy as defined | 2 |
| in the Pharmacy Practice Act for any person working under | 3 |
| the direction of the Illinois Emergency Management Agency | 4 |
| and the Illinois Department of Public Health pursuant to | 5 |
| the declared disaster. | 6 |
| (4) The power to request the services of emergency | 7 |
| volunteer health practitioners registered with an approved | 8 |
| registration system created under the Uniform Emergency | 9 |
| Volunteer Health Practitioners Act. | 10 |
| (b) Persons exempt from licensure under paragraph (1) of | 11 |
| subsection (a) of this Section and persons operating under | 12 |
| modified scope of practice provisions under paragraph (2) of | 13 |
| subsection (a) of this Section shall be exempt from licensure | 14 |
| or be subject to modified scope of practice only until the | 15 |
| declared disaster has ended as provided by law. For purposes of | 16 |
| this Section, persons working under the direction of an | 17 |
| emergency services and disaster agency accredited by the | 18 |
| Illinois Emergency Management Agency and a local public health | 19 |
| department, pursuant to a declared disaster, shall be deemed to | 20 |
| be working under the direction of the Illinois Emergency | 21 |
| Management Agency and the Department of Public Health.
| 22 |
| (c) The Director shall exercise these powers by way of | 23 |
| proclamation.
| 24 |
| (Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)".
|
|