[Rev. 11/21/2013 11:31:10 AM--2013]

CHAPTER 415A - EMERGENCY VOLUNTEER HEALTH PRACTITIONERS (UNIFORM ACT)

NRS 415A.010        Short title.

NRS 415A.020        Definitions.

NRS 415A.030        “Disaster relief organization” defined.

NRS 415A.040        “Division” defined.

NRS 415A.050        “Emergency” defined.

NRS 415A.060        “Emergency declaration” defined.

NRS 415A.070        “Emergency Management Assistance Compact” defined.

NRS 415A.080        “Entity” defined.

NRS 415A.090        “Health facility” defined.

NRS 415A.100        “Health practitioner” defined.

NRS 415A.110        “Health services” defined.

NRS 415A.120        “Host entity” defined.

NRS 415A.130        “License” defined.

NRS 415A.140        “Person” defined.

NRS 415A.150        “Scope of practice” defined.

NRS 415A.160        “State” defined.

NRS 415A.170        “Veterinary services” defined.

NRS 415A.180        “Volunteer health practitioner” defined.

NRS 415A.190        Applicability.

NRS 415A.200        Regulation by Division of Emergency Management.

NRS 415A.210        Registration systems: Qualifications; confirmation and notice regarding registered volunteer health practitioners; host entity not required to use services of volunteer health practitioners.

NRS 415A.220        Practice during declared emergency; volunteer health practitioner with suspended or revoked license or subject to limiting or restricting order.

NRS 415A.230        Effect of chapter on credentialing and privileging standards of health facility.

NRS 415A.240        Scope of practice; administrative sanctions.

NRS 415A.250        Effect of chapter on certain other laws; incorporation of certain volunteer health practitioners into emergency personnel of State.

NRS 415A.260        Regulations.

NRS 415A.270        Immunity from liability.

NRS 415A.280        Benefits for death or injury.

NRS 415A.290        Application and construction of chapter.

_________

      NRS 415A.010  Short title.  This chapter may be cited as the Uniform Emergency Volunteer Health Practitioners Act.

      (Added to NRS by 2011, 941)

      NRS 415A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 415A.030 to 415A.180, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 941)

      NRS 415A.030  “Disaster relief organization” defined.  “Disaster relief organization” means an entity which provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and which:

      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, the Governor or the Division; or

      2.  Regularly plans and conducts its activities in coordination with an agency of the Federal Government or the Division.

      (Added to NRS by 2011, 941)

      NRS 415A.040  “Division” defined.  “Division” means the Division of Emergency Management of the Department of Public Safety.

      (Added to NRS by 2011, 941)

      NRS 415A.050  “Emergency” defined.  “Emergency” means an event or condition that is proclaimed an emergency or disaster pursuant to NRS 414.070.

      (Added to NRS by 2011, 941)

      NRS 415A.060  “Emergency declaration” defined.  “Emergency declaration” means a declaration of emergency issued by a person or entity authorized to do so pursuant to the laws of this State.

      (Added to NRS by 2011, 941)

      NRS 415A.070  “Emergency Management Assistance Compact” defined.  “Emergency Management Assistance Compact” means the interstate compact approved by Congress by Public Law 104-321, 110 Stat. 3877, and codified as NRS 415.010.

      (Added to NRS by 2011, 941)

      NRS 415A.080  “Entity” defined.  “Entity” means a person other than an individual.

      (Added to NRS by 2011, 941)

      NRS 415A.090  “Health facility” defined.  “Health facility” means an entity licensed under the laws of this or another state to provide health or veterinary services.

      (Added to NRS by 2011, 941)

      NRS 415A.100  “Health practitioner” defined.  “Health practitioner” means:

      1.  A provider of health care, as that term is defined in NRS 629.031;

      2.  Any other individual licensed to provide health care pursuant to the provisions of Title 54 of NRS; or

      3.  An individual licensed in the professions under the laws of another state to provide health or veterinary services.

      (Added to NRS by 2011, 941)

      NRS 415A.110  “Health services” defined.  “Health services” means 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, without limitation:

      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; 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.

      (Added to NRS by 2011, 941)

      NRS 415A.120  “Host entity” defined.  “Host entity” means an entity operating in this State which uses volunteer health practitioners to respond to an emergency.

      (Added to NRS by 2011, 942)

      NRS 415A.130  “License” defined.  “License” means authorization by a state to engage in the provision of health or veterinary services that would be unlawful to provide without the authorization. The term includes authorization under the laws of this State for an individual to provide health or veterinary services based upon a national certification issued by a public or private entity.

      (Added to NRS by 2011, 942)

      NRS 415A.140  “Person” defined.  “Person” means an individual, corporation, business trust, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality or any other legal or commercial entity.

      (Added to NRS by 2011, 942)

      NRS 415A.150  “Scope of practice” defined.  “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, without limitation, any conditions imposed by the relevant licensing authority.

      (Added to NRS by 2011, 942)

      NRS 415A.160  “State” defined.  “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.

      (Added to NRS by 2011, 942)

      NRS 415A.170  “Veterinary services” defined.  “Veterinary services” means 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, without limitation:

      1.  Diagnosis, treatment or prevention of an animal’s 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.

      (Added to NRS by 2011, 942)

      NRS 415A.180  “Volunteer health practitioner” defined.  “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 compensation pursuant 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 while an emergency declaration is in effect.

      (Added to NRS by 2011, 942)

      NRS 415A.190  Applicability.  This chapter applies to volunteer health practitioners who are registered with a registration system that complies with NRS 415A.210 and who provide health or veterinary services in this State for a host entity:

      1.  While an emergency declaration is in effect;

      2.  While participating in required training exercises to prepare for the declaration of an emergency; or

      3.  When responding to an event with the reasonable expectation that the event will be declared an emergency.

      (Added to NRS by 2011, 942)

      NRS 415A.200  Regulation by Division of Emergency Management.

      1.  While an emergency declaration is in effect, the Division may by order 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; and

      (d) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

      2.  An order issued pursuant to subsection 1 may take effect immediately, without prior notice or comment, and is not a regulation for the purposes of chapter 233B of NRS.

      3.  A host entity that uses volunteer health practitioners to provide health or veterinary services in this State shall:

      (a) Consult with and coordinate its activities with the Division to the extent practicable to provide for the efficient and effective use of those volunteer health practitioners; and

      (b) Comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including, without limitation, the provisions of chapter 414 of NRS.

      (Added to NRS by 2011, 942)

      NRS 415A.210  Registration systems: Qualifications; confirmation and notice regarding registered volunteer health practitioners; host entity not required to use services of volunteer health practitioners.

      1.  To qualify as a registration system for volunteer health practitioners, 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 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 the practitioner provides health services or veterinary services pursuant to this chapter; and

      (d) 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 Service Act, 42 U.S.C. § 247d-7b, as amended;

             (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 Service Act, 42 U.S.C. § 300hh, as amended;

             (3) 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, without limitation, a hospital; or

                   (V) Governmental entity; or

             (4) Be designated by the Division as a registration system for the purposes of this chapter.

      2.  While an emergency declaration is in effect, the Division, a person authorized to act on behalf of the Division 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. 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.

      3.  Upon the request of a person or entity in this State authorized to do so pursuant to subsection 2, or a similarly authorized person or entity in another state, a registration system located in this State must notify the person or entity of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.

      4.  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 which indicates that the practitioner is licensed and in good standing.

      (Added to NRS by 2011, 943)

      NRS 415A.220  Practice during declared emergency; volunteer health practitioner with suspended or revoked license or subject to limiting or restricting order.

      1.  Notwithstanding any other provision of law, while an emergency declaration is in effect, a volunteer health practitioner who is registered with a registration system that complies with NRS 415A.210 and who is 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 though 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.

      (Added to NRS by 2011, 944)

      NRS 415A.230  Effect of chapter on credentialing and privileging standards of health facility.

      1.  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.

      2.  As used 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, without limitation, the practitioner’s license, education, training, experience, competence, health status and specialized skill.

      (Added to NRS by 2011, 944)

      NRS 415A.240  Scope of practice; administrative sanctions.

      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 allowed to provide the services.

      3.  The Division 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 regulation for the purposes of chapter 233B of NRS.

      4.  A host entity may restrict the health or veterinary services that a volunteer health practitioner is allowed to 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 allowed 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 allowed to provide a service if:

      (a) The practitioner actually knows that the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be allowed to provide the service; or

      (b) 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 allowed to provide the service.

      6.  In addition to the authority granted by the laws 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; and

      (c) 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 pursuant to subsection 6, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including, without limitation, any exigent circumstances and the practitioner’s scope of practice, education, training, experience and specialized skill.

      (Added to NRS by 2011, 944)

      NRS 415A.250  Effect of chapter on certain other laws; incorporation of certain volunteer health practitioners into emergency personnel of State.

      1.  This chapter does not limit any 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 Division, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency personnel 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.

      (Added to NRS by 2011, 945)

      NRS 415A.260  Regulations.  The Division may adopt regulations to carry out this chapter. In doing so, the Division shall consult with the Governor and consider any pertinent rules or regulations promulgated by similarly empowered agencies in other states to promote uniformity in the application of this chapter and make the emergency response systems in the various states reasonably compatible.

      (Added to NRS by 2011, 945)

      NRS 415A.270  Immunity from liability.

      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.  No person is 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; or

      (e) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.

      4.  A person who, 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 constitutes an intentional tort, willful misconduct, or wanton, grossly negligent, reckless or criminal conduct.

      5.  In addition to the protections set forth 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 the laws of this State.

      (Added to NRS by 2011, 946)

      NRS 415A.280  Benefits for death or injury.

      1.  A volunteer health practitioner who dies or is injured as a result of providing health or veterinary services pursuant to this chapter is deemed to be an employee as defined in NRS 616A.207 for the purposes of receiving benefits for the death or injury pursuant to chapters 616A to 616D, inclusive, of NRS if:

      (a) The practitioner is not otherwise eligible for such benefits for the injury or death under the laws of this or another state; and

      (b) The practitioner or, in the case of death, the practitioner’s personal representative, files a claim for compensation under chapters 616A to 616D, inclusive, of NRS.

      2.  A volunteer health practitioner who dies or is injured as the result of an occupational disease arising from the provision of health or veterinary services pursuant to this chapter is deemed to be an employee, as defined in NRS 617.070, for the purposes of receiving benefits for the death or injury under chapter 617 of NRS if:

      (a) The practitioner is not otherwise eligible for such benefits for the injury or death under the laws of this or another state; and

      (b) The practitioner or, in the case of death, the practitioner’s personal representative, files a claim for compensation under chapter 617 of NRS.

      3.  The Division of Industrial Relations of the Department of Business and Industry may adopt regulations, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death under chapters 616A to 617, inclusive, of NRS 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 in the application of this chapter with other states that enact similar legislation, the Division of Industrial Relations shall consult with, and consider the practices for filing, processing and paying claims by, agencies having similar authority in other states.

      4.  As used in this section, “injury” means a physical injury or mental injury, as described in NRS 616C.180, or a 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 chapters 616A to 617, inclusive, of NRS.

      (Added to NRS by 2011, 946)

      NRS 415A.290  Application and construction of chapter.  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.

      (Added to NRS by 2011, 947)