Texas 2013 - 83rd Regular

Texas House Bill HB746 Compare Versions

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1	1	By: Ashby (Senate Sponsor - Schwertner) H.B. No. 746
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 15, 2013, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the registration of volunteer health practitioners and
11	11	the services of volunteer health practitioners during disasters.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 3, Occupations Code, is
14	14	amended by adding Chapter 115 to read as follows:
15	15	CHAPTER 115. HEALTH OR VETERINARY SERVICES PROVIDED IN
16	16	CATASTROPHIC CIRCUMSTANCES
17	17	Sec. 115.001. SHORT TITLE. This chapter may be cited as the
18	18	Uniform Emergency Volunteer Health Practitioners Act.
19	19	Sec. 115.002. DEFINITIONS. In this chapter:
20	20	(1) "Department" means the Department of State Health
21	21	Services.
22	22	(2) "Disaster relief organization" means an entity
23	23	that provides emergency or disaster relief services that include
24	24	health or veterinary services provided by volunteer health
25	25	practitioners and that:
26	26	(A) is designated or recognized as a provider of
27	27	those services under a disaster response and recovery plan adopted
28	28	by an agency of the federal government or the division; or
29	29	(B) regularly plans and conducts its activities
30	30	in coordination with an agency of the federal government or the
31	31	division.
32	32	(3) "Division" has the meaning assigned by Section
33	33	418.004, Government Code.
34	34	(4) "Emergency" means an event or condition that is a
35	35	disaster as defined by Section 418.004, Government Code.
36	36	(5) "Emergency declaration" means a declaration of
37	37	emergency issued by the governor or a designee of the governor.
38	38	(6) "Emergency Management Assistance Compact" means
39	39	the interstate compact approved by Congress (Pub. L. No. 104-321)
40	40	as provided by Chapter 778, Health and Safety Code.
41	41	(7) "Entity" means a person other than an individual.
42	42	(8) "Health facility" means an entity licensed under
43	43	the laws of this or another state to provide health or veterinary
44	44	services.
45	45	(9) "Health practitioner" means an individual
46	46	licensed under the laws of this or another state to provide health
47	47	or veterinary services.
48	48	(10) "Health services" means the provision of
49	49	treatment, care, advice or guidance, or other services or supplies
50	50	related to the health or death of individuals or human populations,
51	51	to the extent necessary to respond to an emergency, including:
52	52	(A) with respect to the physical or mental
53	53	condition or functional status of an individual or the structure or
54	54	function of the body:
55	55	(i) preventive, diagnostic, therapeutic,
56	56	rehabilitative, maintenance, or palliative care; and
57	57	(ii) counseling and assessment procedures
58	58	or other related services;
59	59	(B) the sale or dispensing of a drug, a device,
60	60	equipment, or another item to an individual in accordance with a
61	61	prescription; and
62	62	(C) funeral, cremation, cemetery, or other
63	63	mortuary services.
64	64	(11) "Host entity" means an entity operating in this
65	65	state that uses volunteer health practitioners to respond to an
66	66	emergency.
67	67	(12) "License" means an authorization by a state
68	68	agency to engage in health or veterinary services that are unlawful
69	69	without the authorization. The term includes authorization under
70	70	the laws of this state to an individual to provide health or
71	71	veterinary services based on a national certification issued by a
72	72	public or private entity.
73	73	(13) "Scope of practice" means the extent of the
74	74	authorization to provide health or veterinary services granted to a
75	75	health practitioner by a license issued to the practitioner in the
76	76	state in which the principal part of the practitioner's services
77	77	are rendered, including any conditions imposed by the licensing
78	78	authority.
79	79	(14) "Veterinary services" means the provision of
80	80	treatment, care, advice or guidance, or other services or supplies
81	81	related to the health or death of an animal or to animal
82	82	populations, to the extent necessary to respond to an emergency,
83	83	including:
84	84	(A) diagnosis, treatment, or prevention of an
85	85	animal disease, injury, or other physical or mental condition by
86	86	the prescription, administration, or dispensing of a vaccine, a
87	87	drug, surgery, or therapy;
88	88	(B) use of a procedure for reproductive
89	89	management; and
90	90	(C) monitoring and treatment of animal
91	91	populations for diseases that have spread or demonstrate the
92	92	potential to spread to humans.
93	93	(15) "Volunteer health practitioner" means a health
94	94	practitioner who provides health or veterinary services without
95	95	compensation. The term does not include a practitioner who receives
96	96	compensation under a preexisting employment relationship with a
97	97	host entity or affiliate that requires the practitioner to provide
98	98	health services in this state, unless the practitioner is not a
99	99	resident of this state and is employed by a disaster relief
100	100	organization providing services in this state while an emergency
101	101	declaration is in effect.
102	102	Sec. 115.003. APPLICABILITY TO VOLUNTEER HEALTH
103	103	PRACTITIONERS. This chapter applies to volunteer health
104	104	practitioners who are registered with the system administered by
105	105	the department under Section 115.005 and who provide health or
106	106	veterinary services in this state for a host entity while an
107	107	emergency declaration is in effect.
108	108	Sec. 115.004. REGULATION OF SERVICES DURING EMERGENCY. (a)
109	109	While an emergency declaration is in effect, the division by order
110	110	may limit, restrict, or otherwise regulate:
111	111	(1) the duration of practice by volunteer health
112	112	practitioners;
113	113	(2) the geographical areas in which volunteer health
114	114	practitioners may practice;
115	115	(3) the types of volunteer health practitioners who
116	116	may practice; and
117	117	(4) any other matters necessary to coordinate
118	118	effectively the provision of health or veterinary services during
119	119	the emergency.
120	120	(b) An order issued under Subsection (a) may take effect
121	121	immediately, without prior notice or comment, and is not a rule
122	122	within the meaning of Chapter 2001, Government Code.
123	123	(c) A host entity that uses volunteer health practitioners
124	124	to provide health or veterinary services in this state shall:
125	125	(1) consult and coordinate its activities with the
126	126	division to the extent practicable to provide for the efficient and
127	127	effective use of volunteer health practitioners; and
128	128	(2) comply with laws in addition to this chapter
129	129	relating to the management of emergency health or veterinary
130	130	services.
131	131	Sec. 115.005. VOLUNTEER HEALTH PRACTITIONER REGISTRATION
132	132	SYSTEM. (a) The department shall administer a volunteer health
133	133	practitioner registration system that:
134	134	(1) accepts applications for the registration of
135	135	volunteer health practitioners before or during an emergency;
136	136	(2) includes information about the licensing and good
137	137	standing of health practitioners that is accessible by authorized
138	138	persons;
139	139	(3) is capable of confirming whether a health
140	140	practitioner is licensed and in good standing before health or
141	141	veterinary services are provided by the practitioner under this
142	142	chapter; and
143	143	(4) includes information regarding the results of a
144	144	criminal history record information check performed on the
145	145	volunteer health practitioners listed in the system.
146	146	(b) To satisfy a requirement of Subsection (a) or (c), the
147	147	department may:
148	148	(1) use information available in the Texas disaster
149	149	volunteer registry maintained by the department; or
150	150	(2) enter into agreements with disaster relief
151	151	organizations or the verification systems of other states for the
152	152	advance registration of volunteer health practitioners under 42
153	153	U.S.C. Section 247d-7b.
154	154	(c) While an emergency declaration is in effect, a state
155	155	agency that grants a license to a health practitioner shall
156	156	coordinate with the department to provide licensing or criminal
157	157	history record information for volunteer health practitioners
158	158	seeking registration under this chapter.
159	159	(d) If an applicant for registration under this chapter has
160	160	an unacceptable licensing or criminal history, the department may
161	161	not allow the applicant to register and the applicant may not serve
162	162	as a volunteer health practitioner under this chapter.
163	163	(e) While an emergency declaration is in effect, the
164	164	division, a person authorized to act on behalf of the division, or a
165	165	host entity may confirm whether volunteer health practitioners used
166	166	in this state are registered with the registration system under
167	167	Subsection (a). Confirmation is limited to obtaining the identity
168	168	of the practitioners from the system and determining whether the
169	169	system indicates that the practitioners are licensed and in good
170	170	standing and have an acceptable criminal history.
171	171	(f) On request by a person in this state authorized under
172	172	Subsection (e) or a similarly authorized person in another state,
173	173	the department shall notify the person of the identity of volunteer
174	174	health practitioners registered with the registration system and
175	175	whether the practitioners are licensed and in good standing and
176	176	have an acceptable criminal history.
177	177	(g) A host entity is not required to use the services of a
178	178	volunteer health practitioner even if the practitioner is
179	179	registered with the registration system and the system indicates
180	180	that the practitioner is licensed and in good standing and has an
181	181	acceptable criminal history.
182	182	Sec. 115.006. RECOGNITION OF VOLUNTEER HEALTH
183	183	PRACTITIONERS LICENSED IN OTHER STATES. (a) While an emergency
184	184	declaration is in effect, a volunteer health practitioner
185	185	registered with the registration system under Section 115.005 who
186	186	is licensed and in good standing in another state and has an
187	187	acceptable criminal history may practice in this state to the
188	188	extent authorized by this chapter as if the practitioner were
189	189	licensed in this state.
190	190	(b) A volunteer health practitioner qualified under
191	191	Subsection (a) is not entitled to the protections of this chapter if
192	192	the practitioner is licensed in more than one state and any license
193	193	of the practitioner is suspended, revoked, or subject to an agency
194	194	order limiting or restricting practice privileges or has been
195	195	voluntarily terminated under threat of sanction.
196	196	Sec. 115.007. NO EFFECT ON CREDENTIALING AND PRIVILEGING.
197	197	(a) In this section:
198	198	(1) "Credentialing" means obtaining, verifying, and
199	199	assessing the qualifications of a health practitioner to provide
200	200	treatment, care, or services in or for a health facility.
201	201	(2) "Privileging" means the authorizing by an
202	202	appropriate authority, such as a governing body, of a health
203	203	practitioner to provide specific treatment, care, or services at a
204	204	health facility subject to limits based on factors that include
205	205	license, education, training, experience, competence, health
206	206	status, and specialized skill.
207	207	(b) This chapter does not affect credentialing or
208	208	privileging standards of a health facility and does not preclude a
209	209	health facility from waiving or modifying those standards while an
210	210	emergency declaration is in effect.
211	211	Sec. 115.008. PROVISION OF VOLUNTEER HEALTH OR VETERINARY
212	212	SERVICES; ADMINISTRATIVE SANCTIONS. (a) Subject to Subsections (b)
213	213	and (c), a volunteer health practitioner shall adhere to the scope
214	214	of practice for a similarly licensed practitioner established by
215	215	the licensing provisions or other laws of this state.
216	216	(b) Except as otherwise provided by Subsection (c), this
217	217	chapter does not authorize a volunteer health practitioner to
218	218	provide a service that is outside the practitioner's scope of
219	219	practice, even if a similarly licensed practitioner in this state
220	220	would be permitted to provide the service.
221	221	(c) The division may modify or restrict the health or
222	222	veterinary services that a volunteer health practitioner may
223	223	provide under this chapter. An order under this subsection may take
224	224	effect immediately, without prior notice or comment, and is not a
225	225	rule within the meaning of Chapter 2001, Government Code.
226	226	(d) A host entity may restrict the health or veterinary
227	227	services that a volunteer health practitioner may provide under
228	228	this chapter.
229	229	(e) A volunteer health practitioner does not engage in
230	230	unauthorized practice unless the practitioner has reason to know of
231	231	any limitation, modification, or restriction under this section or
232	232	that a similarly licensed practitioner in this state would not be
233	233	permitted to provide the service. A volunteer health practitioner
234	234	has reason to know of a limitation, modification, or restriction or
235	235	that a similarly licensed practitioner in this state would not be
236	236	permitted to provide a service if:
237	237	(1) the practitioner knows the limitation,
238	238	modification, or restriction exists or that a similarly licensed
239	239	practitioner in this state would not be permitted to provide the
240	240	service; or
241	241	(2) from all the facts and circumstances known to the
242	242	practitioner at the relevant time, a reasonable person would
243	243	conclude that the limitation, modification, or restriction exists
244	244	or that a similarly licensed practitioner in this state would not be
245	245	permitted to provide the service.
246	246	(f) In addition to the authority granted by the law of this
247	247	state other than this chapter to regulate the conduct of health
248	248	practitioners, a licensing board or other disciplinary authority in
249	249	this state:
250	250	(1) may impose administrative sanctions on a health
251	251	practitioner licensed in this state for conduct outside of this
252	252	state in response to an out-of-state emergency;
253	253	(2) may impose administrative sanctions on a
254	254	practitioner not licensed in this state for conduct in this state in
255	255	response to an in-state emergency; and
256	256	(3) shall report any administrative sanction imposed
257	257	on a practitioner licensed in another state to the appropriate
258	258	licensing board or other disciplinary authority in any other state
259	259	in which the practitioner is known to be licensed.
260	260	(g) In determining whether to impose an administrative
261	261	sanction under Subsection (f), a licensing board or other
262	262	disciplinary authority shall consider the circumstances in which
263	263	the conduct took place, including any exigent circumstances, and
264	264	the practitioner's scope of practice, education, training,
265	265	experience, and specialized skill.
266	266	Sec. 115.009. RELATION TO OTHER LAWS. (a) This chapter does
267	267	not limit rights, privileges, or immunities provided to volunteer
268	268	health practitioners by laws other than this chapter. Except as
269	269	otherwise provided by Subsection (b), this chapter does not affect
270	270	requirements for the use of health practitioners under the
271	271	Emergency Management Assistance Compact.
272	272	(b) The division, under the Emergency Management Assistance
273	273	Compact, may incorporate into the emergency forces of this state
274	274	volunteer health practitioners who are not officers or employees of
275	275	this state or a political subdivision of this state.
276	276	Sec. 115.010. REGULATORY AUTHORITY. The division may adopt
277	277	rules to implement this chapter. In adopting rules, the division
278	278	shall consult with and consider the recommendations of the entity
279	279	established to coordinate the implementation of the Emergency
280	280	Management Assistance Compact and shall consult with and consider
281	281	rules adopted by similarly empowered agencies in other states to
282	282	promote uniformity in the application of this chapter and to make
283	283	the emergency response systems in the various states reasonably
284	284	compatible.
285	285	Sec. 115.011. LIMITATIONS ON CIVIL LIABILITY FOR VOLUNTEER
286	286	HEALTH PRACTITIONERS. (a) Subject to Subsection (c), a volunteer
287	287	health practitioner who provides health or veterinary services
288	288	under this chapter is not liable for damages for an act or omission
289	289	of the practitioner in providing those services.
290	290	(b) A person is not vicariously liable for damages for an
291	291	act or omission of a volunteer health practitioner if the
292	292	practitioner is not liable for the damages under Subsection (a).
293	293	(c) This section does not limit the liability of a volunteer
294	294	health practitioner for:
295	295	(1) wilful misconduct or wanton, grossly negligent,
296	296	reckless, or criminal conduct;
297	297	(2) an intentional tort;
298	298	(3) breach of contract;
299	299	(4) a claim asserted by a host entity or by an entity
300	300	located in this or another state that employs or uses the services
301	301	of the practitioner; or
302	302	(5) an act or omission relating to the operation of a
303	303	motor vehicle, vessel, aircraft, or other vehicle.
304	304	(d) A person who operates, uses, or relies on information
305	305	provided by the volunteer health practitioner registration system
306	306	under this chapter is not liable for damages for an act or omission
307	307	relating to that operation, use, or reliance unless the act or
308	308	omission is an intentional tort or is wilful misconduct or wanton,
309	309	grossly negligent, reckless, or criminal conduct.
310	310	SECTION 2. In applying and construing Chapter 115,
311	311	Occupations Code, as added by this Act, a court or governmental
312	312	entity shall take into consideration the need to promote uniformity
313	313	of the law with respect to the subject matter of this Act among
314	314	states that enact similar uniform laws.
315	315	SECTION 3. This Act takes effect September 1, 2013.
316	316	* * * * *