CHAPTER 3.5. UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT
IC 10-14-3.5
Chapter 3.5. Uniform Emergency Volunteer Health Practitioners
Act
IC 10-14-3.5-0.5
"Department of homeland security"
Sec. 0.5. As used in this chapter, "department of homeland
security" refers to the department of homeland security established
by IC 10-19-2-1.
As added by P.L.1-2009, SEC.92.
IC 10-14-3.5-1
"Disaster relief organization"
Sec. 1. As used in this chapter, "disaster relief organization"
means an entity that provides emergency or disaster relief services
that include health or veterinary services provided by volunteer
health practitioners and:
(1) is designated or recognized as a provider of the services
under a disaster response and recovery plan adopted by an
agency of the federal government or the department of
homeland security; or
(2) regularly plans and conducts the entity's activities in
coordination with an agency of the federal government or the
department of homeland security.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.93.
IC 10-14-3.5-2
"Emergency"
Sec. 2. As used in this chapter, "emergency" means an event or
condition that is an emergency, a disaster, or a public health
emergency under this article.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-3
"Emergency declaration"
Sec. 3. As used in this chapter, "emergency declaration" means a
declaration of emergency issued by a person authorized to do so
under state or local laws of Indiana.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-4
"Emergency Management Assistance Compact"
Sec. 4. As used in this chapter, "Emergency Management
Assistance Compact" means the federal interstate compact under
P.L.104-321, 110 Stat. 3877.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-5
"Entity"
Sec. 5. As used in this chapter, "entity" means a person other than
an individual.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-6
"Health facility"
Sec. 6. As used in this chapter, "health facility" means an entity
licensed under the laws of Indiana or another state to provide health
or veterinary services.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-7
"Health practitioner"
Sec. 7. As used in this chapter, "health practitioner" means an
individual licensed under the laws of Indiana or another state to
provide health or veterinary services.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-8
"Health services"
Sec. 8. As used in this chapter, "health services" means the
provision of treatment, care, advice, 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:
(1) with respect to the physical or mental condition or
functional status of an individual or the structure or function of
the body:
(A) preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care; and
(B) counseling, assessment, procedures, or other services;
(2) the sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a prescription;
and
(3) funeral, cremation, cemetery, or other mortuary services.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-9
"Host entity"
Sec. 9. As used in this chapter, "host entity" means an entity
operating in Indiana that uses volunteer health practitioners to
respond to an emergency.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-10
"License"
Sec. 10. (a) As used in this chapter, "license" means authorization
by a state to engage in health or veterinary services that are unlawful
without the authorization.
(b) The term includes authorization under Indiana law to an
individual to provide health or veterinary services based upon a
national certification issued by a public or private entity.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-11
"Person"
Sec. 11. As used in this chapter, "person" means an individual, a
corporation, a business trust, a trust, a partnership, a limited liability
company, an association, a joint venture, a public corporation, a
government or governmental subdivision, an agency, an
instrumentality, or another legal or commercial entity.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-12
"Scope of practice"
Sec. 12. As used in this chapter, "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 conditions imposed by the licensing
authority.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-13
"State"
Sec. 13. As used in this chapter, "state" means a state of the
United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or a territory or an insular possession subject
to the jurisdiction of the United States.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-14
"Veterinary services"
Sec. 14. As used in this chapter, "veterinary services" means the
provision of treatment, care, advice, 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,
including:
(1) 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;
(2) use of a procedure for reproductive management; and
(3) monitoring and treatment of animal populations for diseases
that have spread or demonstrate the potential to spread to
humans.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-15
"Volunteer health practitioner"
Sec. 15. (a) As used in this chapter, "volunteer health practitioner"
means a health practitioner who provides health or veterinary
services, whether or not the practitioner receives compensation for
those services.
(b) The term 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 Indiana, unless the practitioner is not a resident of Indiana
and is employed by a disaster relief organization providing services
in Indiana while an emergency declaration is in effect.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-16
Applicability
Sec. 16. This chapter applies to volunteer health practitioners
who:
(1) are registered with a registration system that complies with
section 18 of this chapter; and
(2) provide health or veterinary services in Indiana for a host
entity while an emergency declaration is in effect.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-17
Limit, restrict, or regulate volunteer health practitioners by the
state emergency management agency
Sec. 17. (a) While an emergency declaration is in effect, the
department of homeland security may limit, restrict, or otherwise
regulate:
(1) the duration of practice by volunteer health practitioners;
(2) the geographical areas in which volunteer health
practitioners may practice;
(3) the types of volunteer health practitioners who may practice;
and
(4) any other matters necessary to coordinate effectively the
provision of health or veterinary services during the emergency.
(b) An order issued under subsection (a) may take effect
immediately, without prior notice or comment, and is not a rule
within the meaning of IC 4-22-2.
(c) A host entity that uses volunteer health practitioners to provide
health or veterinary services in Indiana shall:
(1) consult and coordinate the host entity's activities with the
department of homeland security to the extent practicable to
provide for the efficient and effective use of volunteer health
practitioners; and
(2) comply with any laws other than this chapter relating to the
management of emergency health or veterinary services,
including this article.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.94.
IC 10-14-3.5-18
Qualifications of a volunteer health practitioner registration
system; confirmation of volunteer health practitioners used in
Indiana; notification; host entity not required to use services
Sec. 18. (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;
(2) include information about the licensure and good standing
of health practitioners that is accessible by authorized persons;
(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 chapter; and
(4) meet one (1) of the following conditions:
(A) Be an emergency system for advance registration of
volunteer health practitioners established by a state and
funded through the Health Resources Services
Administration under section 319I of the federal Public
Health Services Act, 42 U.S.C. 247d-7b.
(B) Be a local unit consisting of trained and equipped
emergency response, public health, and medical personnel
formed under section 2801 of the federal Public Health
Services Act, 42 U.S.C. 300hh.
(C) Be operated by a:
(i) disaster relief organization;
(ii) licensing board;
(iii) national or regional association of licensing boards or
health practitioners;
(iv) health facility that provides comprehensive inpatient
and outpatient health care services, including a tertiary
care and teaching hospital; or
(v) governmental entity.
(D) Be designated by the department of homeland security
as a registration system for purposes of this chapter.
(b) While an emergency declaration is in effect, the department of
homeland security, a person authorized to act on behalf of the
department of homeland security, or a host entity may confirm
whether volunteer health practitioners used in Indiana 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.
(c) Upon request of a person in Indiana authorized under
subsection (b), or a similarly authorized person in another state, a
registration system located in Indiana shall notify the person of the
identities of volunteer health practitioners and whether the
practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer
health practitioner even if the practitioner is registered with a
registration system that indicates that the practitioner is licensed and
in good standing.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.95.
IC 10-14-3.5-19
Practice by a volunteer health practitioner during a declared
emergency; no protection for practitioners with suspended,
revoked, or restricted practice privileges
Sec. 19. (a) While an emergency declaration is in effect, a
volunteer health practitioner, registered with a registration system
that complies with section 18 of this chapter and licensed and in
good standing in the state upon which the practitioner's registration
is based, may practice in Indiana to the extent authorized by this
chapter as if the practitioner were licensed in Indiana.
(b) A volunteer health practitioner qualified under subsection (a)
is not entitled to the protections of this chapter if the practitioner is
licensed in more than one (1) state and 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.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-20
Health facility credentialing and privileging not affected
Sec. 20. (a) As used in this section:
(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; and
(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 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.
As added by P.L.134-2008, SEC.3.
IC 10-14-3.5-21
Adherence to the scope of practice established by Indiana law;
modification or restriction of health or veterinary services;
unauthorized practice; administrative sanctions
Sec. 21. (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 Indiana.
(b) Except as provided in subsection (c), this chapter 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 Indiana would be permitted to provide the
services.
(c) The department of homeland security may modify or restrict
the health or veterinary services that volunteer health practitioners
may provide under this chapter. An order under this subsection may
take effect immediately, without prior notice or comment, and is not
a rule within the meaning of IC 4-22-2.
(d) A host entity may restrict the health or veterinary services that
a volunteer health practitioner may provide under this chapter.
(e) A volunteer health practitioner does not engage in
unauthorized practice unless the practitioner has reason to know of
a limitation, modification, or restriction under this section or that a
similarly licensed practitioner in Indiana 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 Indiana would not be permitted to provide a
service if:
(1) the practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in
Indiana would not be permitted to provide the service; or
(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 Indiana would not be
permitted to provide the service.
(f) In addition to the authority granted by laws of Indiana other
than this chapter to regulate the conduct of health practitioners, a
licensing board or other disciplinary authority in Indiana:
(1) may impose administrative sanctions upon a health
practitioner licensed in Indiana for conduct outside of Indiana
in response to an out-of-state emergency;
(2) may impose administrative sanctions upon a practitioner not
licensed in Indiana for conduct in Indiana in response to an
in-state emergency; and
(3) shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate licensing
board or other disciplinary authority in any other state in which
the practitioner is known to be licensed.
(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.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.96.
IC 10-14-3.5-22
No limitation on rights, privileges, or immunities; emergency
forces
Sec. 22. (a) This chapter does not limit the rights, privileges, or
immunities provided to volunteer health practitioners by laws other
than this chapter. Except as provided in subsection (b), this chapter
does not affect requirements for the use of health practitioners under
the Emergency Management Assistance Compact.
(b) The department of homeland security, under the Emergency
Management Assistance Compact or the Interstate Emergency
Management and Disaster Compact, may incorporate into the
emergency forces of Indiana volunteer health practitioners who are
not officers or employees of Indiana, a political subdivision of
Indiana, or a municipality or other local government within Indiana.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.97.
IC 10-14-3.5-23
Adoption of rules for implementation; reasonably compatible with
other states
Sec. 23. The department of homeland security may adopt rules
under IC 4-22-2 to implement this chapter. In doing so, the
department of homeland security shall consult with and consider the
recommendations of the entity established to coordinate the
implementation of the Emergency Management Assistance Compact
or the Interstate Emergency Management and Disaster Compact and
shall also consult with and consider rules adopted by similarly
empowered agencies in other states to promote uniformity of
application of this chapter and make the emergency response systems
in the various states reasonably compatible.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.98.
IC 10-14-3.5-24
Consideration of uniformity in application and construction
Sec. 24. In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
As added by P.L.134-2008, SEC.3.