Texas 2009 - 81st Regular

Texas House Bill HB3667 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12829 BEF-D
2	2	By: Hopson H.B. No. 3667
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing health care providers to provide services
8	8	across state lines in catastrophic circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 3, Occupations Code, is
11	11	amended by adding Chapter 116 to read as follows:
12	12	CHAPTER 116. HEALTH OR VETERINARY SERVICES PROVIDED IN
13	13	CATASTROPHIC CIRCUMSTANCES
14	14	Sec. 116.001. SHORT TITLE. This chapter may be cited as the
15	15	Uniform Emergency Volunteer Health Practitioners Act.
16	16	Sec. 116.002. DEFINITIONS. In this chapter:
17	17	(1) "Disaster relief organization" means an entity
18	18	that provides emergency or disaster relief services that include
19	19	health or veterinary services provided by volunteer health
20	20	practitioners and that:
21	21	(A) is designated or recognized as a provider of
22	22	those services under a disaster response and recovery plan adopted
23	23	by an agency of the federal government or the division; or
24	24	(B) regularly plans and conducts its activities
25	25	in coordination with an agency of the federal government or the
26	26	division.
27	27	(2) "Division" has the meaning assigned by Section
28	28	418.004, Government Code.
29	29	(3) "Emergency" means an event or condition that is a
30	30	disaster as defined by Section 418.004, Government Code.
31	31	(4) "Emergency declaration" means a declaration of
32	32	emergency issued by a person authorized to do so under the laws of
33	33	this state, a political subdivision of this state, or a
34	34	municipality or other local government within this state.
35	35	(5) "Emergency Management Assistance Compact" means
36	36	the interstate compact approved by Congress (Pub. L. No. 104-321)
37	37	as provided by Chapter 778, Health and Safety Code.
38	38	(6) "Entity" means a person other than an individual.
39	39	(7) "Health facility" means an entity licensed under
40	40	the laws of this or another state to provide health or veterinary
41	41	services.
42	42	(8) "Health practitioner" means an individual
43	43	licensed under the laws of this or another state to provide health
44	44	or veterinary services.
45	45	(9) "Health services" means the provision of
46	46	treatment, care, advice or guidance, or other services or supplies
47	47	related to the health or death of individuals or human populations,
48	48	to the extent necessary to respond to an emergency, including:
49	49	(A) with respect to the physical or mental
50	50	condition or functional status of an individual or the structure or
51	51	function of the body:
52	52	(i) preventive, diagnostic, therapeutic,
53	53	rehabilitative, maintenance, or palliative care; and
54	54	(ii) counseling and assessment procedures
55	55	or other related services;
56	56	(B) the sale or dispensing of a drug, a device,
57	57	equipment, or another item to an individual in accordance with a
58	58	prescription; and
59	59	(C) funeral, cremation, cemetery, or other
60	60	mortuary services.
61	61	(10) "Host entity" means an entity operating in this
62	62	state that uses volunteer health practitioners to respond to an
63	63	emergency.
64	64	(11) "License" means an authorization by a state
65	65	agency to engage in health or veterinary services that are unlawful
66	66	without the authorization. The term includes authorization under
67	67	the laws of this state to an individual to provide health or
68	68	veterinary services based on a national certification issued by a
69	69	public or private entity.
70	70	(12) "Scope of practice" means the extent of the
71	71	authorization to provide health or veterinary services granted to a
72	72	health practitioner by a license issued to the practitioner in the
73	73	state in which the principal part of the practitioner's services
74	74	are rendered, including any conditions imposed by the licensing
75	75	authority.
76	76	(13) "Veterinary services" means the provision of
77	77	treatment, care, advice or guidance, or other services or supplies
78	78	related to the health or death of an animal or to animal
79	79	populations, to the extent necessary to respond to an emergency,
80	80	including:
81	81	(A) diagnosis, treatment, or prevention of an
82	82	animal disease, injury, or other physical or mental condition by
83	83	the prescription, administration, or dispensing of a vaccine, a
84	84	drug, surgery, or therapy;
85	85	(B) use of a procedure for reproductive
86	86	management; and
87	87	(C) monitoring and treatment of animal
88	88	populations for diseases that have spread or demonstrate the
89	89	potential to spread to humans.
90	90	(14) "Volunteer health practitioner" means a health
91	91	practitioner who provides health or veterinary services,
92	92	regardless of whether for compensation. The term does not include a
93	93	practitioner who receives compensation under a preexisting
94	94	employment relationship with a host entity or affiliate that
95	95	requires the practitioner to provide health services in this state,
96	96	unless the practitioner is not a resident of this state and is
97	97	employed by a disaster relief organization providing services in
98	98	this state while an emergency declaration is in effect.
99	99	Sec. 116.003. APPLICABILITY TO VOLUNTEER HEALTH
100	100	PRACTITIONERS. This chapter applies to volunteer health
101	101	practitioners who are registered with a system that complies with
102	102	Section 116.005 and who provide health or veterinary services in
103	103	this state for a host entity while an emergency declaration is in
104	104	effect.
105	105	Sec. 116.004. REGULATION OF SERVICES DURING EMERGENCY. (a)
106	106	While an emergency declaration is in effect, the division may
107	107	limit, restrict, or otherwise regulate:
108	108	(1) the duration of practice by volunteer health
109	109	practitioners;
110	110	(2) the geographical areas in which volunteer health
111	111	practitioners may practice;
112	112	(3) the types of volunteer health practitioners who
113	113	may practice; and
114	114	(4) any other matters necessary to coordinate
115	115	effectively the provision of health or veterinary services during
116	116	the emergency.
117	117	(b) An order issued under Subsection (a) may take effect
118	118	immediately, without prior notice or comment, and is not a rule
119	119	within the meaning of Chapter 2001, Government Code.
120	120	(c) A host entity that uses volunteer health practitioners
121	121	to provide health or veterinary services in this state shall:
122	122	(1) consult and coordinate its activities with the
123	123	division to the extent practicable to provide for the efficient and
124	124	effective use of volunteer health practitioners; and
125	125	(2) comply with laws in addition to this chapter
126	126	relating to the management of emergency health or veterinary
127	127	services.
128	128	Sec. 116.005. VOLUNTEER HEALTH PRACTITIONER REGISTRATION
129	129	SYSTEMS. (a) To qualify as a volunteer health practitioner
130	130	registration system, a system must:
131	131	(1) accept applications for the registration of
132	132	volunteer health practitioners before or during an emergency;
133	133	(2) include information about the licensing and good
134	134	standing of health practitioners that is accessible by authorized
135	135	persons;
136	136	(3) be capable of confirming whether a health
137	137	practitioner is licensed and in good standing before health or
138	138	veterinary services are provided by the practitioner under this
139	139	chapter; and
140	140	(4) meet one of the following conditions:
141	141	(A) be an emergency system for advance
142	142	registration of volunteer health care practitioners established by
143	143	a state and funded through the United States Department of Health
144	144	and Human Services under Section 319I, Public Health Service Act
145	145	(42 U.S.C. Section 247d-7b);
146	146	(B) be a local unit consisting of trained and
147	147	equipped emergency response, public health, and medical personnel
148	148	formed under Section 2801, Public Health Service Act (42 U.S.C.
149	149	Section 300hh);
150	150	(C) be operated by a:
151	151	(i) disaster relief organization;
152	152	(ii) licensing board;
153	153	(iii) national or regional association of
154	154	licensing boards or health practitioners;
155	155	(iv) health facility that provides
156	156	comprehensive inpatient and outpatient health care services,
157	157	including a tertiary care and teaching hospital; or
158	158	(v) governmental entity; or
159	159	(D) be designated by the division as a
160	160	registration system for purposes of this chapter.
161	161	(b) While an emergency declaration is in effect, the
162	162	division, a person authorized to act on behalf of the division, or a
163	163	host entity may confirm whether volunteer health practitioners used
164	164	in this state are registered with a registration system that
165	165	complies with Subsection (a). Confirmation is limited to obtaining
166	166	the identity of the practitioners from the system and determining
167	167	whether the system indicates that the practitioners are licensed
168	168	and in good standing.
169	169	(c) On request by a person in this state authorized under
170	170	Subsection (b) or a similarly authorized person in another state, a
171	171	registration system located in this state shall notify the person
172	172	of the identity of volunteer health practitioners and whether the
173	173	practitioners are licensed and in good standing.
174	174	(d) A host entity is not required to use the services of a
175	175	volunteer health practitioner even if the practitioner is
176	176	registered with a registration system that indicates that the
177	177	practitioner is licensed and in good standing.
178	178	Sec. 116.006. RECOGNITION OF VOLUNTEER HEALTH
179	179	PRACTITIONERS LICENSED IN OTHER STATES. (a) While an emergency
180	180	declaration is in effect, a volunteer health practitioner
181	181	registered with a registration system that complies with Section
182	182	116.005 who is licensed and in good standing in another state may
183	183	practice in this state to the extent authorized by this chapter as
184	184	if the practitioner were licensed in this state.
185	185	(b) A volunteer health practitioner qualified under
186	186	Subsection (a) is not entitled to the protections of this chapter if
187	187	the practitioner is licensed in more than one state and any license
188	188	of the practitioner is suspended, revoked, or subject to an agency
189	189	order limiting or restricting practice privileges or has been
190	190	voluntarily terminated under threat of sanction.
191	191	Sec. 116.007. NO EFFECT ON CREDENTIALING AND PRIVILEGING.
192	192	(a) In this section:
193	193	(1) "Credentialing" means obtaining, verifying, and
194	194	assessing the qualifications of a health practitioner to provide
195	195	treatment, care, or services in or for a health facility.
196	196	(2) "Privileging" means the authorizing by an
197	197	appropriate authority, such as a governing body, of a health
198	198	practitioner to provide specific treatment, care, or services at a
199	199	health facility subject to limits based on factors that include
200	200	license, education, training, experience, competence, health
201	201	status, and specialized skill.
202	202	(b) This chapter does not affect credentialing or
203	203	privileging standards of a health facility and does not preclude a
204	204	health facility from waiving or modifying those standards while an
205	205	emergency declaration is in effect.
206	206	Sec. 116.008. PROVISION OF VOLUNTEER HEALTH OR VETERINARY
207	207	SERVICES; ADMINISTRATIVE SANCTIONS. (a) Subject to Subsections (b)
208	208	and (c), a volunteer health practitioner shall adhere to the scope
209	209	of practice for a similarly licensed practitioner established by
210	210	the licensing provisions or other laws of this state.
211	211	(b) Except as otherwise provided by Subsection (c), this
212	212	chapter does not authorize a volunteer health practitioner to
213	213	provide a service that is outside the practitioner's scope of
214	214	practice, even if a similarly licensed practitioner in this state
215	215	would be permitted to provide the service.
216	216	(c) The division may modify or restrict the health or
217	217	veterinary services that a volunteer health practitioner may
218	218	provide under this chapter. An order under this subsection may take
219	219	effect immediately, without prior notice or comment, and is not a
220	220	rule within the meaning of Chapter 2001, Government Code.
221	221	(d) A host entity may restrict the health or veterinary
222	222	services that a volunteer health practitioner may provide under
223	223	this chapter.
224	224	(e) A volunteer health practitioner does not engage in
225	225	unauthorized practice unless the practitioner has reason to know of
226	226	any limitation, modification, or restriction under this section or
227	227	that a similarly licensed practitioner in this state would not be
228	228	permitted to provide the service. A volunteer health practitioner
229	229	has reason to know of a limitation, modification, or restriction or
230	230	that a similarly licensed practitioner in this state would not be
231	231	permitted to provide a service if:
232	232	(1) the practitioner knows the limitation,
233	233	modification, or restriction exists or that a similarly licensed
234	234	practitioner in this state would not be permitted to provide the
235	235	service; or
236	236	(2) from all the facts and circumstances known to the
237	237	practitioner at the relevant time, a reasonable person would
238	238	conclude that the limitation, modification, or restriction exists
239	239	or that a similarly licensed practitioner in this state would not be
240	240	permitted to provide the service.
241	241	(f) In addition to the authority granted by the law of this
242	242	state other than this chapter to regulate the conduct of health
243	243	practitioners, a licensing board or other disciplinary authority in
244	244	this state:
245	245	(1) may impose administrative sanctions on a health
246	246	practitioner licensed in this state for conduct outside of this
247	247	state in response to an out-of-state emergency;
248	248	(2) may impose administrative sanctions on a
249	249	practitioner not licensed in this state for conduct in this state in
250	250	response to an in-state emergency; and
251	251	(3) shall report any administrative sanction imposed
252	252	on a practitioner licensed in another state to the appropriate
253	253	licensing board or other disciplinary authority in any other state
254	254	in which the practitioner is known to be licensed.
255	255	(g) In determining whether to impose an administrative
256	256	sanction under Subsection (f), a licensing board or other
257	257	disciplinary authority shall consider the circumstances in which
258	258	the conduct took place, including any exigent circumstances, and
259	259	the practitioner's scope of practice, education, training,
260	260	experience, and specialized skill.
261	261	Sec. 116.009. RELATION TO OTHER LAWS. (a) This chapter does
262	262	not limit rights, privileges, or immunities provided to volunteer
263	263	health practitioners by laws other than this chapter. Except as
264	264	otherwise provided by Subsection (b), this chapter does not affect
265	265	requirements for the use of health practitioners under the
266	266	Emergency Management Assistance Compact.
267	267	(b) The division, under the Emergency Management Assistance
268	268	Compact, may incorporate into the emergency forces of this state
269	269	volunteer health practitioners who are not officers or employees of
270	270	this state or a political subdivision of this state.
271	271	Sec. 116.010. REGULATORY AUTHORITY. The division may adopt
272	272	rules to implement this chapter. In adopting rules, the division
273	273	shall consult with and consider the recommendations of the entity
274	274	established to coordinate the implementation of the Emergency
275	275	Management Assistance Compact and shall consult with and consider
276	276	rules adopted by similarly empowered agencies in other states to
277	277	promote uniformity in the application of this chapter and to make
278	278	the emergency response systems in the various states reasonably
279	279	compatible.
280	280	Sec. 116.011. LIMITATIONS ON CIVIL LIABILITY FOR VOLUNTEER
281	281	HEALTH PRACTITIONERS. (a) Subject to Subsection (c), a volunteer
282	282	health practitioner who provides health or veterinary services
283	283	under this chapter is not liable for damages for an act or omission
284	284	of the practitioner in providing those services.
285	285	(b) A person is not vicariously liable for damages for an
286	286	act or omission of a volunteer health practitioner if the
287	287	practitioner is not liable for the damages under Subsection (a).
288	288	(c) This section does not limit the liability of a volunteer
289	289	health practitioner for:
290	290	(1) wilful misconduct or wanton, grossly negligent,
291	291	reckless, or criminal conduct;
292	292	(2) an intentional tort;
293	293	(3) breach of contract;
294	294	(4) a claim asserted by a host entity or by an entity
295	295	located in this or another state that employs or uses the services
296	296	of the practitioner; or
297	297	(5) an act or omission relating to the operation of a
298	298	motor vehicle, vessel, aircraft, or other vehicle.
299	299	(d) A person who operates, uses, or relies on information
300	300	provided by a volunteer health practitioner registration system
301	301	under this chapter is not liable for damages for an act or omission
302	302	relating to that operation, use, or reliance unless the act or
303	303	omission is an intentional tort or is wilful misconduct or wanton,
304	304	grossly negligent, reckless, or criminal conduct.
305	305	Sec. 116.012. WORKERS' COMPENSATION COVERAGE. (a) In this
306	306	section, "injury" means a physical or mental injury or disease for
307	307	which an employee of this state who is injured or contracts the
308	308	disease in the course of the employee's employment would be
309	309	entitled to benefits under the workers' compensation law of this
310	310	state.
311	311	(b) A volunteer health practitioner who dies or is injured
312	312	as the result of providing health or veterinary services under this
313	313	chapter is considered an employee of this state for the purpose of
314	314	receiving benefits for the death or injury under the workers'
315	315	compensation law of this state if:
316	316	(1) the practitioner is not otherwise eligible for
317	317	such benefits for the injury or death under the law of this or
318	318	another state; and
319	319	(2) the practitioner, or in the case of death the
320	320	practitioner's personal representative, elects coverage under the
321	321	workers' compensation law of this state by making a claim under that
322	322	law.
323	323	(c) The commissioner of workers' compensation shall adopt
324	324	rules, enter into agreements with other states, or take other
325	325	measures to facilitate the receipt of benefits for injury or death
326	326	under the workers' compensation law of this state by volunteer
327	327	health practitioners who reside in other states, and may waive or
328	328	modify requirements for filing, processing, and paying claims that
329	329	unreasonably burden the practitioners.
330	330	(d) To promote uniformity of application of this chapter
331	331	with other states that enact similar legislation, the commissioner
332	332	of workers' compensation shall consult with and consider the
333	333	practices for filing, processing, and paying claims by agencies
334	334	with similar authority in other states.
335	335	SECTION 2. In applying and construing Chapter 116,
336	336	Occupations Code, as added by this Act, a court or governmental
337	337	entity shall take into consideration the need to promote uniformity
338	338	of the law with respect to the subject matter of this Act among
339	339	states that enact similar uniform laws.
340	340	SECTION 3. This Act takes effect September 1, 2009.