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AN ACT

RELATING TO EMERGENCY HEALTH CARE; ENACTING THE UNIFORM

EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the

"Uniform Emergency Volunteer Health Practitioners Act".

Section 2. DEFINITIONS.--As used in the Uniform

Emergency Volunteer Health Practitioners Act:

A. "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 that:

(1) 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

or the homeland security and emergency management department;

or

(2) regularly plans and conducts its

activities in coordination with an agency of the federal

government or the homeland security and emergency management

department;

B. "emergency" means an event or condition that is

an emergency, disaster, public health emergency or similar

event or condition pursuant to the laws of this state;

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C. "emergency declaration" means a declaration of

emergency issued by a person authorized to do so pursuant to

the laws of this state;

D. "Emergency Management Assistance Compact" means

the interstate compact approved by congress by Public Law No.

104-321, 110 Stat. 3877 and codified at Sections 12-10-14 and

12-10-15 NMSA 1978;

E. "entity" means a person other than an

individual;

F. "health facility" means an entity licensed

pursuant to the laws of this or another state to provide

health or veterinary services;

G. "health practitioner" means an individual

licensed pursuant to the laws of this or another state to

provide health or veterinary services;

H. "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:

(1) the following, concerning the physical

or mental condition or functional status of an individual or

affecting the structure or function of the body:

(a) preventive, diagnostic,

therapeutic, rehabilitative, maintenance or palliative care;

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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;

I. "host entity" means an entity operating in this

state that uses volunteer health practitioners to respond to

an emergency;

J. "license" means authorization by a state to

engage in health or veterinary services that are unlawful

without the authorization. "License" includes authorization

pursuant to 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;

K. "person" means an individual, corporation,

business trust, trust, partnership, limited liability company,

association, joint venture, public corporation, government or

governmental subdivision, agency or instrumentality or any

other legal or commercial entity;

L. "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

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practitioner in the state in which the principal part of the

practitioner's services are rendered, including any conditions

imposed by the licensing authority;

M. "state" means a state of the United States, the

District of Columbia, Puerto Rico, the United States Virgin

Islands or any territory or insular possession subject to the

jurisdiction of the United States;

N. "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 to

animal populations, to the extent necessary to respond to an

emergency, including:

(1) the diagnosis, treatment or prevention

of an animal disease, injury or other physical or mental

condition by the prescription, administration or dispensing of

a vaccine, medicine, surgery or therapy;

(2) the use of a procedure for reproductive

management; and

(3) the monitoring and treatment of animal

populations for diseases that have spread or demonstrate the

potential to spread to humans; and

O. "volunteer health practitioner" means a health

practitioner who provides health or veterinary services,

whether or not the practitioner receives compensation for

those services. "Volunteer health practitioner" does not

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include a practitioner who receives compensation pursuant to a

preexisting employment relationship with a host entity or

affiliate that 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 while an

emergency declaration is in effect.

Section 3. APPLICABILITY TO VOLUNTEER HEALTH

PRACTITIONERS.--The Uniform Emergency Volunteer Health

Practitioners Act applies to volunteer health practitioners

registered with a registration system that complies with

Section 5 of that act and who provide health or veterinary

services in this state for a host entity while an emergency

declaration is in effect.

Section 4. REGULATION OF SERVICES DURING EMERGENCY.--

A. While an emergency declaration is in effect,

the homeland security and emergency management department 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

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coordinate effectively the provision of health or veterinary

services during the emergency.

B. An order issued pursuant to Subsection A of

this section may take effect immediately, without prior notice

or comment.

C. A host entity that uses volunteer health

practitioners to provide health or veterinary services in this

state shall:

(1) consult and coordinate its activities

with the homeland security and emergency management department

to the extent practicable to provide for the efficient and

effective use of volunteer health practitioners; and

(2) comply with any laws other than the

Uniform Emergency Volunteer Health Practitioners Act relating

to the management of emergency health or veterinary services,

including the Emergency Medical Services Act and the All

Hazard Emergency Management Act.

Section 5. VOLUNTEER HEALTH PRACTITIONER REGISTRATION

SYSTEMS.--

A. To qualify as a volunteer health practitioner

registration system, a system shall:

(1) accept applications for the registration

of volunteer health practitioners before or during an

emergency;

(2) include information about the licensure

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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 pursuant to the Uniform

Emergency Volunteer Health Practitioners Act; and

(4) meet one of the following conditions:

(a) be an emergency system for advance

registration of volunteer health care practitioners

established by a state and funded through the health resources

services administration pursuant to Section 319I of the

federal Public Health Service Act, 42 U.S.C. Section 247d-7b,

as amended;

(b) 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 Service Act, 42 U.S.C. Section 300hh, as

amended;

(c) be operated by a: 1) disaster

relief organization; 2) licensing board; 3) national or

regional association of licensing boards or health

practitioners; 4) health facility that provides comprehensive

inpatient and outpatient health care services, including a

tertiary care and teaching hospital; or 5) governmental

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entity; or

(d) be designated by the homeland

security and emergency management department as a registration

system for purposes of the Uniform Emergency Volunteer Health

Practitioners Act.

B. While an emergency declaration is in effect,

the homeland security and emergency management department, a

person authorized to act on behalf of the homeland security

and emergency management department or a host entity may

confirm whether volunteer health practitioners used in this

state are registered with a registration system that complies

with Subsection A of this section. Confirmation is limited to

obtaining identities of the volunteer health practitioners

from the system and determining whether the system indicates

that the volunteer health practitioners are licensed and in

good standing.

C. Upon request of a person in this state

authorized pursuant to Subsection B of this section 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

volunteer health 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

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volunteer health practitioner is registered with a

registration system that indicates that the volunteer health

practitioner is licensed and in good standing.

Section 6. RECOGNITION OF VOLUNTEER HEALTH

PRACTITIONERS LICENSED IN OTHER STATES.--

A. While an emergency declaration is in effect, a

volunteer health practitioner registered with a registration

system that complies with Section 5 of the Uniform Emergency

Volunteer Health Practitioners Act and licensed and in good

standing in the state upon which the volunteer health

practitioner's registration is based may practice in this

state to the extent authorized by that act as if the volunteer

health practitioner were licensed in this state.

B. A volunteer health practitioner qualified

pursuant to Subsection A of this section is not entitled to

the protections of the Uniform Emergency Volunteer Health

Practitioners Act if the volunteer health practitioner is

licensed in more than one state and any license of the

volunteer health practitioner is suspended, revoked or subject

to an agency order limiting or restricting practice privileges

or has been voluntarily terminated under threat of sanction.

Section 7. NO EFFECT ON CREDENTIALING AND

PRIVILEGING.--

A. As used in this section:

(1) "credentialing" means obtaining,

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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. The Uniform Emergency Volunteer Health

Practitioners Act 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.

Section 8. PROVISION OF VOLUNTEER HEALTH OR VETERINARY

SERVICES--ADMINISTRATIVE SANCTIONS.--

A. Subject to Subsections B and C of this section,

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.

B. Except as otherwise provided in Subsection C of

this section, the Uniform Emergency Volunteer Health

Practitioners Act does not authorize a volunteer health

practitioner to provide services that are outside the

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volunteer health practitioner's scope of practice, even if a

similarly licensed practitioner in this state would be

permitted to provide the services.

C. The homeland security and emergency management

department may modify or restrict the health or veterinary

services that volunteer health practitioners may provide

pursuant to the Uniform Emergency Volunteer Health

Practitioners Act. An order pursuant to this subsection may

take effect immediately, without prior notice or comment.

D. A host entity may restrict the health or

veterinary services that a volunteer health practitioner may

provide pursuant to the Uniform Emergency Volunteer Health

Practitioners Act.

E. A volunteer health practitioner does not engage

in unauthorized practice unless the volunteer health

practitioner has reason to know of any limitation,

modification or restriction pursuant to the provisions of 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 to know of a

limitation, modification or restriction or that a similarly

licensed practitioner in this state would not be permitted to

provide a service if:

(1) the volunteer health practitioner knows

the limitation, modification or restriction exists or that a

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similarly licensed practitioner in this state would not be

permitted to provide the service; or

(2) from all the facts and circumstances

known to the volunteer health 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.

F. In addition to the authority granted by law of

this state other than the Uniform Emergency Volunteer Health

Practitioners Act to regulate the conduct of health

practitioners, a licensing board or other disciplinary

authority in this state:

(1) 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;

(2) may impose administrative sanctions upon

a practitioner not licensed in this state for conduct in this

state 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.

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G. In determining whether to impose administrative

sanctions pursuant to Subsection F of this section, 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.

Section 9. RELATION TO OTHER LAWS.--

A. The Uniform Emergency Volunteer Health

Practitioners Act does not limit rights, privileges or

immunities provided to volunteer health practitioners by laws

other than the Uniform Emergency Volunteer Health

Practitioners Act. Except as otherwise provided in Subsection

B of this section, the Uniform Emergency Volunteer Health

Practitioners Act does not affect requirements for the use of

health practitioners pursuant to the Emergency Management

Assistance Compact.

B. The homeland security and emergency management

department, pursuant to the provisions of 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.

Section 10. REGULATORY AUTHORITY.--The homeland

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security and emergency management department may promulgate

rules to implement the Uniform Emergency Volunteer Health

Practitioners Act. In doing so, the homeland security and

emergency management department shall consult with and

consider the recommendations of the entity established to

coordinate the implementation of the Emergency Management

Assistance Compact and shall also consult with and consider

rules promulgated by similarly empowered agencies in other

states to promote uniformity of application of the Uniform

Emergency Volunteer Health Practitioners Act and make the

emergency response systems in the various states reasonably

compatible.

Section 11. RIGHTS, PRIVILEGES AND IMMUNITIES FOR

VOLUNTEER HEALTH PRACTITIONERS.--A volunteer health

practitioner providing health or veterinary services pursuant

to the Uniform Emergency Volunteer Health Practitioners Act is

entitled to all the rights, privileges or immunities provided

by the laws of this state other than the Uniform Emergency

Volunteer Health Practitioners Act.

Section 12. WORKERS' COMPENSATION COVERAGE.--

A. As used in this section, "injury" means a

physical or mental injury or disease for which an employee of

this state who is injured or contracts the disease in the

course of the employee's employment would be entitled to

benefits under the workers' compensation law of this state.

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B. A volunteer health practitioner who provides

health or veterinary services pursuant to the Uniform

Emergency Volunteer Health Practitioners Act and who is not

otherwise eligible for benefits for injury or death under the

workers' compensation law of this or another state may elect

to be deemed an employee of this state for the purpose of

receiving such benefits by making a claim in accordance with

the workers' compensation law of this state.

C. The department of health shall promulgate and

adopt rules, enter into agreements with other states or take

other measures to facilitate the receipt of benefits for

injury or death under the workers' compensation law of this

state by volunteer health practitioners who reside in other

states and may waive or modify requirements for filing,

processing and paying claims that unreasonably burden the

practitioners. To promote uniformity of application of the

Uniform Emergency Volunteer Health Practitioners Act with

other states that enact similar legislation, the department of

health shall consult with and consider the approaches to

filing, processing and paying claims taken by agencies with

similar authority in other states.

Section 13. UNIFORMITY OF APPLICATION AND

CONSTRUCTION.--In applying and construing the Uniform

Emergency Volunteer Health Practitioners Act, consideration

shall be given to the need to promote uniformity of the law

with respect to its subject matter among states that enact it.

Section 14. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.

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