IC 10-14-3.5
    Chapter 3.5. Uniform Emergency Volunteer Health PractitionersAct

IC 10-14-3.5-0.5
"Department of homeland security"
    Sec. 0.5. As used in this chapter, "department of homelandsecurity" refers to the department of homeland security establishedby IC 10-19-2-1.
As added by P.L.1-2009, SEC.92.

IC 10-14-3.5-1
"Disaster relief organization"
    Sec. 1. As used in this chapter, "disaster relief organization"means an entity that provides emergency or disaster relief servicesthat include health or veterinary services provided by volunteerhealth practitioners and:
        (1) is designated or recognized as a provider of the servicesunder a disaster response and recovery plan adopted by anagency of the federal government or the department ofhomeland security; or
        (2) regularly plans and conducts the entity's activities incoordination with an agency of the federal government or thedepartment of homeland security.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.93.

IC 10-14-3.5-2
"Emergency"
    Sec. 2. As used in this chapter, "emergency" means an event orcondition that is an emergency, a disaster, or a public healthemergency under this article.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-3
"Emergency declaration"
    Sec. 3. As used in this chapter, "emergency declaration" means adeclaration of emergency issued by a person authorized to do sounder state or local laws of Indiana.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-4
"Emergency Management Assistance Compact"
    Sec. 4. As used in this chapter, "Emergency ManagementAssistance Compact" means the federal interstate compact underP.L.104-321, 110 Stat. 3877.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-5
"Entity"
    Sec. 5. As used in this chapter, "entity" means a person other than

an individual.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-6
"Health facility"
    Sec. 6. As used in this chapter, "health facility" means an entitylicensed under the laws of Indiana or another state to provide healthor veterinary services.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-7
"Health practitioner"
    Sec. 7. As used in this chapter, "health practitioner" means anindividual licensed under the laws of Indiana or another state toprovide health or veterinary services.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-8
"Health services"
    Sec. 8. As used in this chapter, "health services" means theprovision of treatment, care, advice, guidance, or other services orsupplies related to the health or death of individuals or humanpopulations to the extent necessary to respond to an emergency,including:
        (1) with respect to the physical or mental condition orfunctional status of an individual or the structure or function ofthe 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, oranother item to an individual in accordance with a prescription;and
        (3) funeral, cremation, cemetery, or other mortuary services.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-9
"Host entity"
    Sec. 9. As used in this chapter, "host entity" means an entityoperating in Indiana that uses volunteer health practitioners torespond to an emergency.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-10
"License"
    Sec. 10. (a) As used in this chapter, "license" means authorizationby a state to engage in health or veterinary services that are unlawfulwithout the authorization.
    (b) The term includes authorization under Indiana law to anindividual to provide health or veterinary services based upon a

national certification issued by a public or private entity.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-11
"Person"
    Sec. 11. As used in this chapter, "person" means an individual, acorporation, a business trust, a trust, a partnership, a limited liabilitycompany, an association, a joint venture, a public corporation, agovernment or governmental subdivision, an agency, aninstrumentality, or another legal or commercial entity.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-12
"Scope of practice"
    Sec. 12. As used in this chapter, "scope of practice" means theextent of the authorization to provide health or veterinary servicesgranted to a health practitioner by a license issued to the practitionerin the state in which the principal part of the practitioner's servicesare rendered, including conditions imposed by the licensingauthority.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-13
"State"
    Sec. 13. As used in this chapter, "state" means a state of theUnited States, the District of Columbia, Puerto Rico, the UnitedStates Virgin Islands, or a territory or an insular possession subjectto the jurisdiction of the United States.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-14
"Veterinary services"
    Sec. 14. As used in this chapter, "veterinary services" means theprovision of treatment, care, advice, guidance, or other services orsupplies related to the health or death of an animal or to animalpopulations to the extent necessary to respond to an emergency,including:
        (1) diagnosis, treatment, or prevention of an animal disease,injury, or other physical or mental condition by the prescription,administration, or dispensing of vaccine, medicine, surgery, ortherapy;
        (2) use of a procedure for reproductive management; and
        (3) monitoring and treatment of animal populations for diseasesthat have spread or demonstrate the potential to spread tohumans.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-15
"Volunteer health practitioner"
    Sec. 15. (a) As used in this chapter, "volunteer health practitioner"

means a health practitioner who provides health or veterinaryservices, whether or not the practitioner receives compensation forthose services.
    (b) The term does not include a practitioner who receivescompensation under a preexisting employment relationship with ahost entity or affiliate that requires the practitioner to provide healthservices in Indiana, unless the practitioner is not a resident of Indianaand is employed by a disaster relief organization providing servicesin Indiana while an emergency declaration is in effect.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-16
Applicability
    Sec. 16. This chapter applies to volunteer health practitionerswho:
        (1) are registered with a registration system that complies withsection 18 of this chapter; and
        (2) provide health or veterinary services in Indiana for a hostentity while an emergency declaration is in effect.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-17
Limit, restrict, or regulate volunteer health practitioners by thestate emergency management agency
    Sec. 17. (a) While an emergency declaration is in effect, thedepartment of homeland security may limit, restrict, or otherwiseregulate:
        (1) the duration of practice by volunteer health practitioners;
        (2) the geographical areas in which volunteer healthpractitioners may practice;
        (3) the types of volunteer health practitioners who may practice;and
        (4) any other matters necessary to coordinate effectively theprovision of health or veterinary services during the emergency.
    (b) An order issued under subsection (a) may take effectimmediately, without prior notice or comment, and is not a rulewithin the meaning of IC 4-22-2.
    (c) A host entity that uses volunteer health practitioners to providehealth or veterinary services in Indiana shall:
        (1) consult and coordinate the host entity's activities with thedepartment of homeland security to the extent practicable toprovide for the efficient and effective use of volunteer healthpractitioners; and
        (2) comply with any laws other than this chapter relating to themanagement of emergency health or veterinary services,including this article.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.94.

IC 10-14-3.5-18
Qualifications of a volunteer health practitioner registration

system; confirmation of volunteer health practitioners used inIndiana; notification; host entity not required to use services
    Sec. 18. (a) To qualify as a volunteer health practitionerregistration system, a system must:
        (1) accept applications for the registration of volunteer healthpractitioners before or during an emergency;
        (2) include information about the licensure and good standingof health practitioners that is accessible by authorized persons;
        (3) be capable of confirming the accuracy of informationconcerning whether a health practitioner is licensed and in goodstanding before health services or veterinary services areprovided under this chapter; and
        (4) meet one (1) of the following conditions:
            (A) Be an emergency system for advance registration ofvolunteer health practitioners established by a state andfunded through the Health Resources ServicesAdministration under section 319I of the federal PublicHealth Services Act, 42 U.S.C. 247d-7b.
            (B) Be a local unit consisting of trained and equippedemergency response, public health, and medical personnelformed under section 2801 of the federal Public HealthServices Act, 42 U.S.C. 300hh.
            (C) Be operated by a:
                (i) disaster relief organization;
                (ii) licensing board;
                (iii) national or regional association of licensing boards orhealth practitioners;
                (iv) health facility that provides comprehensive inpatientand outpatient health care services, including a tertiarycare and teaching hospital; or
                (v) governmental entity.
            (D) Be designated by the department of homeland securityas a registration system for purposes of this chapter.
    (b) While an emergency declaration is in effect, the department ofhomeland security, a person authorized to act on behalf of thedepartment of homeland security, or a host entity may confirmwhether volunteer health practitioners used in Indiana are registeredwith a registration system that complies with subsection (a).Confirmation is limited to obtaining identities of the practitionersfrom the system and determining whether the system indicates thatthe practitioners are licensed and in good standing.
    (c) Upon request of a person in Indiana authorized undersubsection (b), or a similarly authorized person in another state, aregistration system located in Indiana shall notify the person of theidentities of volunteer health practitioners and whether thepractitioners are licensed and in good standing.
    (d) A host entity is not required to use the services of a volunteerhealth practitioner even if the practitioner is registered with aregistration system that indicates that the practitioner is licensed andin good standing.As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.95.

IC 10-14-3.5-19
Practice by a volunteer health practitioner during a declaredemergency; no protection for practitioners with suspended,revoked, or restricted practice privileges
    Sec. 19. (a) While an emergency declaration is in effect, avolunteer health practitioner, registered with a registration systemthat complies with section 18 of this chapter and licensed and ingood standing in the state upon which the practitioner's registrationis based, may practice in Indiana to the extent authorized by thischapter as if the practitioner were licensed in Indiana.
    (b) A volunteer health practitioner qualified under subsection (a)is not entitled to the protections of this chapter if the practitioner islicensed in more than one (1) state and any license of the practitioneris suspended, revoked, or subject to an agency order limiting orrestricting practice privileges or has been voluntarily terminatedunder threat of sanction.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-20
Health facility credentialing and privileging not affected
    Sec. 20. (a) As used in this section:
        (1) "credentialing" means obtaining, verifying, and assessingthe 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 appropriateauthority, such as a governing body, of a health practitioner toprovide specific treatment, care, or services at a health facilitysubject to limits based on factors that include license,education, training, experience, competence, health status, andspecialized skill.
    (b) This chapter does not affect credentialing or privilegingstandards of a health facility and does not preclude a health facilityfrom waiving or modifying those standards while an emergencydeclaration is in effect.
As added by P.L.134-2008, SEC.3.

IC 10-14-3.5-21
Adherence to the scope of practice established by Indiana law;modification or restriction of health or veterinary services;unauthorized practice; administrative sanctions
    Sec. 21. (a) Subject to subsections (b) and (c), a volunteer healthpractitioner shall adhere to the scope of practice for a similarlylicensed practitioner established by the licensing provisions, practiceacts, or other laws of Indiana.
    (b) Except as provided in subsection (c), this chapter does notauthorize a volunteer health practitioner to provide services that areoutside the practitioner's scope of practice, even if a similarlylicensed practitioner in Indiana would be permitted to provide the

services.
    (c) The department of homeland security may modify or restrictthe health or veterinary services that volunteer health practitionersmay provide under this chapter. An order under this subsection maytake effect immediately, without prior notice or comment, and is nota rule within the meaning of IC 4-22-2.
    (d) A host entity may restrict the health or veterinary services thata volunteer health practitioner may provide under this chapter.
    (e) A volunteer health practitioner does not engage inunauthorized practice unless the practitioner has reason to know ofa limitation, modification, or restriction under this section or that asimilarly licensed practitioner in Indiana would not be permitted toprovide the services. A volunteer health practitioner has reason toknow of a limitation, modification, or restriction or that a similarlylicensed practitioner in Indiana would not be permitted to provide aservice if:
        (1) the practitioner knows the limitation, modification, orrestriction exists or that a similarly licensed practitioner inIndiana would not be permitted to provide the service; or
        (2) from all the facts and circumstances known to thepractitioner at the relevant time, a reasonable person wouldconclude that the limitation, modification, or restriction existsor that a similarly licensed practitioner in Indiana would not bepermitted to provide the service.
    (f) In addition to the authority granted by laws of Indiana otherthan this chapter to regulate the conduct of health practitioners, alicensing board or other disciplinary authority in Indiana:
        (1) may impose administrative sanctions upon a healthpractitioner licensed in Indiana for conduct outside of Indianain response to an out-of-state emergency;
        (2) may impose administrative sanctions upon a practitioner notlicensed in Indiana for conduct in Indiana in response to anin-state emergency; and
        (3) shall report any administrative sanctions imposed upon apractitioner licensed in another state to the appropriate licensingboard or other disciplinary authority in any other state in whichthe practitioner is known to be licensed.
    (g) In determining whether to impose administrative sanctionsunder subsection (f), a licensing board or other disciplinary authorityshall consider the circumstances in which the conduct took place,including any exigent circumstances, and the practitioner's scope ofpractice, education, training, experience, and specialized skill.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.96.

IC 10-14-3.5-22
No limitation on rights, privileges, or immunities; emergencyforces
    Sec. 22. (a) This chapter does not limit the rights, privileges, orimmunities provided to volunteer health practitioners by laws otherthan this chapter. Except as provided in subsection (b), this chapter

does not affect requirements for the use of health practitioners underthe Emergency Management Assistance Compact.
    (b) The department of homeland security, under the EmergencyManagement Assistance Compact or the Interstate EmergencyManagement and Disaster Compact, may incorporate into theemergency forces of Indiana volunteer health practitioners who arenot officers or employees of Indiana, a political subdivision ofIndiana, or a municipality or other local government within Indiana.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.97.

IC 10-14-3.5-23
Adoption of rules for implementation; reasonably compatible withother states
    Sec. 23. The department of homeland security may adopt rulesunder IC 4-22-2 to implement this chapter. In doing so, thedepartment of homeland security shall consult with and consider therecommendations of the entity established to coordinate theimplementation of the Emergency Management Assistance Compactor the Interstate Emergency Management and Disaster Compact andshall also consult with and consider rules adopted by similarlyempowered agencies in other states to promote uniformity ofapplication of this chapter and make the emergency response systemsin the various states reasonably compatible.
As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.98.

IC 10-14-3.5-24
Consideration of uniformity in application and construction
    Sec. 24. In applying and construing this uniform act, considerationmust be given to the need to promote uniformity of the law withrespect to its subject matter among states that enact it.
As added by P.L.134-2008, SEC.3.