37-17.4 Uniform Emergency Volunteer Health Practitioners Act - North Dakota Statutes

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CHAPTER 37-17.4UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT37-17.4-01. Definitions. In this chapter, unless the context otherwise requires:1."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 which:a.Is designated or recognized as a provider of those services pursuant to a
disaster response and recovery plan adopted by an agency of the federal
government, the state department of health, or the state board of animal health;
orb.Regularly plans and conducts its activities in coordination with an agency of the
federal government, the state department of health, or the state board of animal
health.2."Emergency" means an event or condition that is a disaster or an emergency as
defined under chapter 37-17.1 and any event, condition, or incident for which the
deployment of volunteer health practitioners is determined to be necessary by the
state health officer, a local board of health, or the state veterinarian.3."Emergency declaration" means a declaration or proclamation of disaster or
emergency issued by the governor.4."Emergency management assistance compact" means the interstate compact
approved by Congress by Public Law No. 104-321 [110 Stat. 3877].5."Entity" means a person other than an individual.6."Health facility" means an entity licensed under the laws of this or another state to
provide health or veterinary services.7."Health practitioner" means an individual licensed under the laws of this or another
state to provide health or veterinary services and any other individual performing
nonmedical support disaster or emergency responsibilities or duties at any place in
this state subject to the order or control of, or pursuant to a request of, the state
department of health or a local public health unit and deployed through the
emergency system for advance registration of volunteer health professionals.8."Health services" means the provision of treatment, care, advice or 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:a.The following, concerning the physical or mental condition or functional status
of an individual or affecting the structure or function of the body:(1)Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or
palliative care; and(2)Counseling, assessment, procedures, or other services;b.Sale or dispensing of a drug, a device, equipment, or another item to an
individual in accordance with a prescription; andc.Funeral, cremation, cemetery, or other mortuary services.Page No. 19."Host entity" means an entity operating in this state which uses volunteer health
practitioners to respond to an emergency.10."License" means authorization by a state to engage in health or veterinary services
that are unlawful without the authorization. The term includes authorization under
the laws of this state to an individual to provide health or veterinary services based
upon a national certification issued by a public or private entity.11."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.12."Veterinary services" means the provision of treatment, care, advice or guidance, or
other services, or supplies related to the health or death of an animal or animal
populations, to the extent necessary to respond to an emergency, including:a.Diagnosing, treating, or preventing an animal disease, injury, or other physical
or mental condition by prescribing, administering, or dispensing vaccine,
medicine, surgery, or therapy;b.Using a procedure for reproductive management; andc.Monitoring and treating animal populations for diseases that have spread or
demonstrate the potential to spread to humans.13."Volunteer health practitioner" means a health practitioner who provides health or
veterinary services, whether or not the practitioner receives compensation for those
services.The term does not include a practitioner who receives compensationpursuant to a preexisting employment relationship with a host entity or affiliate which
requires the practitioner to provide health services in this state, unless the
practitioner is not a resident of this state and is employed by a disaster relief
organization providing services in this state during an emergency.37-17.4-02. Applicability to volunteer health practitioners. This chapter applies tovolunteer health practitioners registered with a registration system that complies with section
37-17.4-04 and who provide health or veterinary services in this state for a host entity during an
emergency.37-17.4-03. Regulation of services during emergencies.1.During an emergency, the state department of health or the state board of animal
health 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; andd.Any other matters necessary to coordinate effectively the provision of health or
veterinary services during the emergency.2.An order issued under subsection 1 may take effect immediately, without prior notice
or comment, and is not a rule within the meaning of chapter 28-32.3.A host entity that uses volunteer health practitioners to provide health or veterinary
services in this state shall:Page No. 2a.Consult and coordinate its activities with the state department of health or the
state board of animal health to the extent practicable to provide for the efficient
and effective use of volunteer health practitioners; andb.Comply with any laws other than this chapter relating to the management of
emergency health or veterinary services, including chapters 23-27 and 43-29.37-17.4-04. Volunteer health practitioner registration systems.1.In the case of a volunteer health practitioner whose principal practice is located in
this state and who is licensed by a North Dakota professional board or agency, the
volunteer health practitioner registration system is the emergency system for
advance registration of volunteer health professionals and is maintained by the state
department of health and is known as the public health emergency volunteer
medical reserve corps.2.In the case of a volunteer health practitioner who is not covered under subsection 1,
the volunteer health practitioner registration system is the system established under
subsection 1 or a system that qualifies under this subsection.To qualify as avolunteer health practitioner registration system under this subsection, a system
must: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 which 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; andd.Meet one of the following conditions:(1)Be an emergency system for advance registration of volunteer
health-care 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. 247d-7b];(2)Be a local unit consisting of trained and equipped emergency response,
public health, and medical personnel formed pursuant to section 2801 of
the Public Health Services Act [42 U.S.C. 300hh]; or(3)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
health-care services, including a tertiary care and teaching
hospital; or(e)Governmental entity.Page No. 33.During an emergency, the state department of health, a person authorized to act on
behalf of the state department of health, or a host entity may confirm whether
volunteer health practitioners utilized in this state are registered with a registration
system that complies with subsection 1 or 2. 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.4.Upon request of a person in this state authorized under subsection 3, or a similarly
authorized person in another state, a registration system located in this state shall
notify the person of the identities of volunteer health practitioners and whether the
practitioners are licensed and in good standing.5.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.37-17.4-05. Recognition of volunteer health practitioners licensed in other states.1.During an emergency, a volunteer health practitioner, registered with a registration
system that complies with section 37-17.4-04 and licensed and in good standing in
the state upon which the practitioner's registration is based, may practice in this
state to the extent authorized by this chapter as if the practitioner were licensed in
this state.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 is suspended, revoked, or subject to an agency order
limiting or restricting practice privileges, or has been voluntarily terminated under
threat of sanction.37-17.4-06. No effect on credentialing and privileging.1.In this section:a."Credentialing" means obtaining, verifying, and assessing the qualifications of a
health practitioner to provide treatment, care, or services in or for a health
facility.b."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.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
during an emergency.37-17.4-07. Provision of volunteer health or veterinary services - Administrativesanctions.1.Subject to subsections 2 and 3, 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 this state.2.Except as otherwise provided in subsection 3, 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 this state would be
permitted to provide the services.Page No. 43.The state department of health or the state board of animal health may modify or
restrict the health or veterinary services that volunteer health practitioners may
provide pursuant to 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
chapter 28-32.4.A host entity may restrict the health or veterinary services that a volunteer health
practitioner may provide pursuant to this chapter.5.A volunteer health practitioner does not engage in unauthorized practice unless the
practitioner has reason to know of any limitation, modification, or restriction under
this section or that a similarly licensed practitioner in this state would not be
permitted to provide the services.A volunteer health practitioner has reason toknow of a limitation, modification, or restriction or that a similarly licensed
practitioner in this state would not be permitted to provide a service if:a.The practitioner knows the limitation, modification, or restriction exists or that a
similarly licensed practitioner in this state would not be permitted to provide the
service; orb.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 this state would not
be permitted to provide the service.6.In addition to the authority granted by law of this state other than this chapter to
regulate the conduct of health practitioners, a licensing board or other disciplinary
authority in this state:a.May impose administrative sanctions upon a health practitioner licensed in this
state for conduct outside of this state in response to an out-of-state emergency;b.May impose administrative sanctions upon a practitioner not licensed in this
state for conduct in this state in response to an in-state emergency; andc.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.7.In determining whether to impose administrative sanctions under subsection 6, 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.37-17.4-08. Relation to other laws.1.This chapter does not limit rights, privileges, or immunities provided to volunteer
health practitioners by laws other than this chapter. Except as otherwise provided in
subsection 2, this chapter does not affect requirements for the use of health
practitioners pursuant to the emergency management assistance compact.2.The department of emergency services, pursuant to the emergency management
assistance compact, may incorporate into the emergency forces of this state
volunteer health practitioners who are not officers or employees of this state, a
political subdivision of this state, or a municipality or other local government within
this state.37-17.4-09. Regulatory authority. The health council may adopt rules to implement thischapter. In doing so, the health council shall consult with and consider rules adopted by similarlyPage No. 5empowered agencies in other states to promote uniformity of application of this chapter and
make the emergency response systems in the various states reasonably compatible.37-17.4-10. Limitations on civil liability for volunteer health practitioners.1.Subject to subsection 3, a volunteer health practitioner who provides health or
veterinary services pursuant to this chapter is not liable for damages for an act or
omission of the practitioner in providing those services.2.A person is not vicariously liable for damages for an act or omission of a volunteer
health practitioner if the practitioner is not liable for the damages under subsection 1.3.This section does not limit the liability of a volunteer health practitioner for:a.Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;b.An intentional tort;c.Breach of contract;d.A claim asserted by a host entity or by an entity located in this or another state
which employs or uses the services of the practitioner; ore.An act or omission relating to the operation of a motor vehicle, vessel, aircraft,
or other vehicle.4.A person that, pursuant to this chapter, operates, uses, or relies upon information
provided by a volunteer health practitioner registration system is not liable for
damages for an act or omission relating to that operation, use, or reliance unless the
act or omission is an intentional tort or is willful misconduct or wanton, grossly
negligent, reckless, or criminal conduct.5.In addition to the immunity provided in subsection 1, a volunteer health practitioner
who provides health or veterinary services pursuant to this chapter is entitled to all
the rights, privileges, or immunities provided by state laws limiting liability of
volunteers.37-17.4-11. Workers' compensation coverage.1.Except as provided in subsection 2, a volunteer health practitioner who dies or is
injured as the result of providing health or veterinary services as provided under this
chapter is not considered to be an employee of this state for the purpose of receiving
benefits under title 65 and must be treated for the purposes of North Dakota law as
an individual eligible for workers' compensation or similar benefits under the law of
the state in which the volunteer is qualified for service under an emergency system
for advance registration of volunteer health practitioners authorized under
subsection 2 of section 37-17.4-04.2.A volunteer health practitioner whose principal practice is located in this state and
who is licensed by a North Dakota professional board or agency who dies or is
injured as a result of providing health or veterinary services as provided under this
chapter is eligible for benefits as provided under title 65 if the volunteer is qualified
and serving under the emergency system for advance registration of volunteer
health practitioners of this state under subsection 1 of section 37-17.4-04.Page No. 6Document Outlinechapter 37-17.4 uniform emergency volunteer health practitioners act