S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10869
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  enacting  the
   "uniform emergency volunteer health practitioners act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "uniform
 emergency volunteer health practitioners act".
   §  2.  Legislative  findings.  The  legislature finds that in times of
 emergencies that it may be necessary to rapidly  deploy  health  service
 workers  from  out-of-state.  For  such necessities, it is beneficial to
 have a registry and uniform system of rules to deploy the relevant work-
 ers with minimal complications. Accordingly, this legislature adopts the
 "uniform emergency volunteer health practitioners act" in New York.
   § 3. The public health law is amended by adding a new article 30-E  to
 read as follows:
                               ARTICLE 30-E
           UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT
 SECTION 3083. DEFINITIONS.
         3084. APPLICABILITY TO VOLUNTEER HEALTH PRACTITIONERS.
         3085. REGULATION OF SERVICES DURING EMERGENCY.
         3086. VOLUNTEER HEALTH PRACTITIONER REGISTRATION SYSTEMS.
         3087. RECOGNITION  OF VOLUNTEER HEALTH PRACTITIONERS LICENSED IN
                 OTHER STATES.
         3088. NO EFFECT ON CREDENTIALING AND PRIVILEGING.
         3089. PROVISION OF  VOLUNTEER  HEALTH  OR  VETERINARY  SERVICES;
                 ADMINISTRATIVE SANCTIONS.
         3090. RELATION TO OTHER LAWS.
         3091. REGULATORY AUTHORITY.
         3092. LIMITATIONS  ON CIVIL LIABILITY FOR VOLUNTEER HEALTH PRAC-
                 TITIONERS; VICARIOUS LIABILITY.
         3093. WORKERS' COMPENSATION COVERAGE.
         3094. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
   § 3083. DEFINITIONS. AS USED IN IN THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16680-01-0

 A. 10869                            2
 
   1. "CREDENTIALING" MEANS OBTAINING, VERIFYING, AND ASSESSING THE QUAL-
 IFICATIONS OF A HEALTH  PRACTITIONER  TO  PROVIDE  TREATMENT,  CARE,  OR
 SERVICES IN OR FOR A HEALTH FACILITY.
   2.  "DISASTER RELIEF ORGANIZATION" MEANS AN ENTITY THAT PROVIDES EMER-
 GENCY OR DISASTER RELIEF SERVICES  THAT  INCLUDE  HEALTH  OR  VETERINARY
 SERVICES PROVIDED BY VOLUNTEER HEALTH PRACTITIONERS AND THAT:
   (A) IS DESIGNATED OR RECOGNIZED AS A PROVIDER OF THOSE SERVICES PURSU-
 ANT TO A DISASTER RESPONSE AND RECOVERY PLAN ADOPTED BY AN AGENCY OF THE
 FEDERAL  GOVERNMENT, OR NEW YORK STATE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, OR OF THE  STATE  DISASTER  PREPAREDNESS  COMMISSION
 EMPOWERED BY SECTION TWENTY-ONE OF THE EXECUTIVE LAW; OR
   (B)  REGULARLY  PLANS AND CONDUCTS ITS ACTIVITIES IN COORDINATION WITH
 AN AGENCY OF THE FEDERAL GOVERNMENT OR THE NEW YORK  STATE  DIVISION  OF
 HOMELAND SECURITY AND EMERGENCY SERVICES.
   3.  "EMERGENCY"  MEANS  AN  EVENT  OR  CONDITION THAT IS AN EMERGENCY,
 DISASTER, OR PUBLIC HEALTH EMERGENCY DEFINED AS A DISASTER UNDER ARTICLE
 TWO-B OF THE EXECUTIVE LAW.
   4. "EMERGENCY DECLARATION" MEANS A DECLARATION OF EMERGENCY ISSUED  BY
 A  PERSON AUTHORIZED TO DO SO UNDER THE LAWS OF THIS STATE, INCLUDING AS
 DEFINED IN SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, A POLITICAL SUBDI-
 VISION OF THIS STATE, OR A MUNICIPALITY OR OTHER LOCAL GOVERNMENT WITHIN
 THIS STATE.
   5. "EMERGENCY MANAGEMENT  ASSISTANCE  COMPACT"  MEANS  THE  INTERSTATE
 COMPACT  APPROVED  BY  CONGRESS BY PUBLIC LAW NO. 104-321,110 STAT. 3877
 AND CODIFIED IN NEW YORK AS SECTION TWENTY-NINE-G OF THE EXECUTIVE LAW.
   6. "ENTITY" MEANS A PERSON OTHER THAN AN INDIVIDUAL.
   7. "HEALTH FACILITY" MEANS AN ENTITY LICENSED UNDER THE LAWS  OF  THIS
 OR ANOTHER STATE TO PROVIDE HEALTH OR VETERINARY SERVICES.
   8.  "HEALTH  PRACTITIONER" MEANS AN INDIVIDUAL LICENSED UNDER THE LAWS
 OF THIS OR ANOTHER STATE TO PROVIDE HEALTH OR VETERINARY SERVICES.
   9. "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:
   (A)  THE  FOLLOWING,  CONCERNING  THE  PHYSICAL OR MENTAL CONDITION OR
 FUNCTIONAL STATUS OF AN INDIVIDUAL OR AFFECTING THE STRUCTURE  OR  FUNC-
 TION OF THE BODY:
   (I)  PREVENTIVE, DIAGNOSTIC, THERAPEUTIC, REHABILITATIVE, MAINTENANCE,
 OR PALLIATIVE CARE; AND
   (II) COUNSELING, ASSESSMENT, PROCEDURES, OR OTHER SERVICES;
   (B) SALE OR DISPENSING OF A DRUG, A DEVICE, EQUIPMENT, OR ANOTHER ITEM
 TO AN INDIVIDUAL IN ACCORDANCE WITH A PRESCRIPTION; AND
   (C) FUNERAL, CREMATION, CEMETERY, OR OTHER MORTUARY SERVICES.
   10. "HOST ENTITY" MEANS AN ENTITY OPERATING IN THIS STATE  WHICH  USES
 VOLUNTEER HEALTH PRACTITIONERS TO RESPOND TO AN EMERGENCY.
   11.  "LICENSE"  MEANS  AUTHORIZATION BY A STATE TO ENGAGE IN HEALTH OR
 VETERINARY SERVICES THAT ARE UNLAWFUL  WITHOUT  THE  AUTHORIZATION.  THE
 TERM  INCLUDES AUTHORIZATION UNDER THE LAWS OF THIS STATE TO AN INDIVID-
 UAL TO PROVIDE HEALTH OR  VETERINARY  SERVICES  BASED  UPON  A  NATIONAL
 CERTIFICATION ISSUED BY A PUBLIC OR PRIVATE ENTITY.
   12.  "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.
   13. "PRIVILEGING" MEANS THE AUTHORIZING BY AN  APPROPRIATE  AUTHORITY,
 SUCH  AS  A GOVERNING BODY, OF A HEALTH PRACTITIONER TO PROVIDE SPECIFIC

 A. 10869                            3
 
 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.
   14.  "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 PRIN-
 CIPAL PART OF THE PRACTITIONER'S SERVICES ARE  RENDERED,  INCLUDING  ANY
 CONDITIONS IMPOSED BY THE LICENSING AUTHORITY.
   15. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
 BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
 INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   16. "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:
   (A)  DIAGNOSIS, TREATMENT, OR PREVENTION OF AN ANIMAL DISEASE, INJURY,
 OR OTHER PHYSICAL OR MENTAL  CONDITION  BY  THE  PRESCRIPTION,  ADMINIS-
 TRATION, OR DISPENSING OF VACCINE, MEDICINE, SURGERY, OR THERAPY;
   (B) USE OF A PROCEDURE FOR REPRODUCTIVE MANAGEMENT; AND
   (C)  MONITORING  AND TREATMENT OF ANIMAL POPULATIONS FOR DISEASES THAT
 HAVE SPREAD OR DEMONSTRATE THE POTENTIAL TO SPREAD TO HUMANS.
   17. "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 EMPLOY-
 MENT  RELATIONSHIP  WITH  A  HOST ENTITY OR AFFILIATE WHICH REQUIRES THE
 PRACTITIONER TO PROVIDE HEALTH SERVICES IN THIS STATE, UNLESS THE  PRAC-
 TITIONER  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.
   §  3084. APPLICABILITY TO VOLUNTEER HEALTH PRACTITIONERS. THIS ARTICLE
 SHALL APPLY TO VOLUNTEER HEALTH PRACTITIONERS REGISTERED WITH  A  REGIS-
 TRATION  SYSTEM  THAT COMPLIES WITH SECTION THREE THOUSAND EIGHTY-SIX OF
 THIS ARTICLE AND WHO PROVIDES HEALTH  OR  VETERINARY  SERVICES  IN  THIS
 STATE FOR A HOST ENTITY WHILE AN EMERGENCY DECLARATION IS IN EFFECT.
   § 3085. REGULATION OF SERVICES DURING EMERGENCY. 1. WHILE AN EMERGENCY
 DECLARATION  IS IN EFFECT, THE NEW YORK STATE DIVISION OF HOMELAND SECU-
 RITY AND EMERGENCY SERVICES MAY 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 SUBDIVISION ONE OF THIS SECTION MAY
 TAKE EFFECT IMMEDIATELY, WITHOUT PRIOR NOTICE OR COMMENT, AND IS  NOT  A
 RULE WITHIN THE MEANING OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   3.  A  HOST ENTITY THAT USES VOLUNTEER HEALTH PRACTITIONERS TO PROVIDE
 HEALTH OR VETERINARY SERVICES IN THIS STATE SHALL:
   (A) CONSULT AND COORDINATE ITS ACTIVITIES  WITH  THE  NEW  YORK  STATE
 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES TO THE EXTENT PRAC-
 TICABLE  TO  PROVIDE  FOR  THE  EFFICIENT AND EFFECTIVE USE OF VOLUNTEER
 HEALTH PRACTITIONERS; AND
   (B) COMPLY WITH ANY OTHER LAWS RELATING TO THE MANAGEMENT OF EMERGENCY
 HEALTH OR VETERINARY SERVICES, INCLUDING  UNDER  ARTICLE  TWO-B  OF  THE
 EXECUTIVE LAW.

 A. 10869                            4
 
   §  3086.  VOLUNTEER  HEALTH  PRACTITIONER REGISTRATION SYSTEMS. 1.  TO
 QUALIFY AS A VOLUNTEER HEALTH PRACTITIONER REGISTRATION SYSTEM, A SYSTEM
 SHALL:
   (A) ACCEPT APPLICATIONS FOR THE REGISTRATION OF VOLUNTEER HEALTH PRAC-
 TITIONERS BEFORE OR DURING AN EMERGENCY;
   (B)  INCLUDE  INFORMATION  ABOUT  THE  LICENSURE  AND GOOD 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
 HEALTH SERVICES OR VETERINARY SERVICES ARE PROVIDED UNDER THIS  ARTICLE;
 AND
   (D) MEET ONE OF THE FOLLOWING CONDITIONS:
   (I)  BE  AN  EMERGENCY  SYSTEM  FOR  ADVANCE REGISTRATION OF VOLUNTEER
 HEALTHCARE PRACTITIONERS ESTABLISHED BY A STATE AND FUNDED  THROUGH  THE
 DEPARTMENT  OF HEALTH AND HUMAN SERVICES UNDER SECTION 319 OF THE PUBLIC
 HEALTH SERVICES ACT, 42 USC SECTION 247D-7B, AS AMENDED;
   (II) 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 SERVICES ACT, 42 U.S.C. SECTION 300HH,
 AS AMENDED;
   (III) BE OPERATED BY A:
   (A) DISASTER RELIEF ORGANIZATION;
   (B) LICENSING BOARD;
   (C) NATIONAL OR REGIONAL ASSOCIATION OF  LICENSING  BOARDS  OR  HEALTH
 PRACTITIONERS;
   (D)  HEALTH  FACILITY THAT PROVIDES COMPREHENSIVE INPATIENT AND OUTPA-
 TIENT HEALTH-CARE SERVICES,  INCLUDING  A  TERTIARY  CARE  AND  TEACHING
 HOSPITAL; OR
   (E) GOVERNMENTAL ENTITY; OR
   (IV) BE DESIGNATED BY NEW YORK STATE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY  SERVICES  AS A REGISTRATION SYSTEM FOR PURPOSES OF THIS ARTI-
 CLE.
   2. WHILE AN EMERGENCY DECLARATION IS IN EFFECT, NEW YORK  STATE  DIVI-
 SION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A PERSON AUTHORIZED TO
 ACT  ON BEHALF OF NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMER-
 GENCY SERVICES, OR A HOST ENTITY, MAY CONFIRM WHETHER  VOLUNTEER  HEALTH
 PRACTITIONERS  UTILIZED IN THIS STATE ARE REGISTERED WITH A REGISTRATION
 SYSTEM THAT COMPLIES WITH SUBDIVISION ONE OF THIS SECTION.  CONFIRMATION
 SHALL  BE  LIMITED TO OBTAINING IDENTITIES OF THE PRACTITIONERS FROM THE
 SYSTEM AND DETERMINING WHETHER THE SYSTEM INDICATES THAT THE PRACTITION-
 ERS ARE LICENSED AND IN GOOD STANDING.
   3. UPON REQUEST OF A PERSON IN THIS STATE AUTHORIZED UNDER SUBDIVISION
 TWO 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 PRACTI-
 TIONERS ARE LICENSED AND IN GOOD STANDING.
   4. A HOST ENTITY SHALL NOT BE REQUIRED TO USE THE SERVICES OF A VOLUN-
 TEER HEALTH PRACTITIONER EVEN IF THE PRACTITIONER IS REGISTERED  WITH  A
 REGISTRATION SYSTEM THAT INDICATES THAT THE PRACTITIONER IS LICENSED AND
 IN GOOD STANDING.
   §  3087.  RECOGNITION  OF  VOLUNTEER  HEALTH PRACTITIONERS LICENSED IN
 OTHER STATES. 1. WHILE A STATE  DISASTER  EMERGENCY  DECLARATION  IS  IN
 EFFECT,  A VOLUNTEER HEALTH PRACTITIONER, REGISTERED WITH A REGISTRATION
 SYSTEM THAT COMPLIES WITH SECTION  THREE  THOUSAND  EIGHTY-SIX  OF  THIS
 ARTICLE  AND  LICENSED  AND IN GOOD STANDING IN THE STATE UPON WHICH THE
 PRACTITIONER'S REGISTRATION IS BASED, MAY PRACTICE IN THIS STATE TO  THE

 A. 10869                            5
 
 EXTENT  AUTHORIZED  BY THIS ARTICLE AS IF THE PRACTITIONER WERE LICENSED
 IN THIS STATE.
   2.  A VOLUNTEER HEALTH PRACTITIONER QUALIFIED UNDER SUBDIVISION ONE OF
 THIS SECTION IS NOT ENTITLED TO THE PROTECTIONS OF THIS ARTICLE  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 LIMIT-
 ING OR RESTRICTING PRACTICE PRIVILEGES, OR HAS BEEN  VOLUNTARILY  TERMI-
 NATED UNDER THREAT OF SANCTION.
   § 3088. NO EFFECT ON CREDENTIALING AND PRIVILEGING. THIS ARTICLE SHALL
 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.
   § 3089. PROVISION OF VOLUNTEER HEALTH OR VETERINARY SERVICES; ADMINIS-
 TRATIVE  SANCTIONS.  1.  SUBJECT  TO  SUBDIVISIONS TWO AND THREE 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.
   2. EXCEPT AS OTHERWISE PROVIDED IN  SUBDIVISION  THREE,  THIS  ARTICLE
 SHALL  NOT AUTHORIZE A VOLUNTEER HEALTH PRACTITIONER TO PROVIDE SERVICES
 THAT ARE OUTSIDE THE PRACTITIONER'S SCOPE OF PRACTICE, EVEN IF  A  SIMI-
 LARLY  LICENSED PRACTITIONER IN THIS STATE WOULD BE PERMITTED TO PROVIDE
 THE SERVICES.
   3. THE NEW YORK STATE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES  MAY  MODIFY OR RESTRICT THE HEALTH OR VETERINARY SERVICES THAT
 VOLUNTEER HEALTH PRACTITIONERS MAY PROVIDE PURSUANT TO THIS ARTICLE.  AN
 ORDER  UNDER THIS SUBDIVISION MAY TAKE EFFECT IMMEDIATELY, WITHOUT PRIOR
 NOTICE OR COMMENT, AND IS NOT A RULE WITHIN THE  MEANING  OF  THE  STATE
 ADMINISTRATIVE PROCEDURE ACT.
   4. A HOST ENTITY MAY RESTRICT THE HEALTH OR VETERINARY SERVICES THAT A
 VOLUNTEER HEALTH PRACTITIONER MAY PROVIDE PURSUANT TO THIS ARTICLE.
   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  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:
   (A)  THE  PRACTITIONER  KNOWS   THE   LIMITATION,   MODIFICATION,   OR
 RESTRICTION  EXISTS  OR  THAT  A SIMILARLY LICENSED PRACTITIONER IN THIS
 STATE WOULD NOT BE PERMITTED 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 LIMITA-
 TION, MODIFICATION, OR RESTRICTION EXISTS OR THAT A  SIMILARLY  LICENSED
 PRACTITIONER  IN  THIS  STATE  WOULD  NOT  BE  PERMITTED  TO PROVIDE THE
 SERVICE.
   6. IN ADDITION TO THE AUTHORITY GRANTED BY ANY OTHER LAW OF THIS STATE
 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

 A. 10869                            6
 
   (C)  SHALL  REPORT ANY ADMINISTRATIVE SANCTIONS IMPOSED UPON A PRACTI-
 TIONER LICENSED IN ANOTHER STATE TO THE APPROPRIATE LICENSING  BOARD  OR
 OTHER DISCIPLINARY AUTHORITY IN ANY OTHER STATE IN WHICH THE PRACTITION-
 ER IS KNOWN TO BE LICENSED.
   7.  IN  DETERMINING  WHETHER  TO IMPOSE ADMINISTRATIVE SANCTIONS UNDER
 SUBDIVISION SIX 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.
   §  3090.  RELATION  TO  OTHER  LAWS.  1.  THIS ARTICLE SHALL NOT LIMIT
 RIGHTS, PRIVILEGES, OR IMMUNITIES PROVIDED TO VOLUNTEER  HEALTH  PRACTI-
 TIONERS  BY  ANY  OTHER LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
 TWO OF THIS SECTION, THIS ARTICLE SHALL NOT AFFECT REQUIREMENTS FOR  THE
 USE OF HEALTH PRACTITIONERS PURSUANT TO THE EMERGENCY MANAGEMENT ASSIST-
 ANCE COMPACT.
   2.  THE  NEW  YORK  STATE  DIVISION OF HOMELAND SECURITY AND EMERGENCY
 SERVICES, PURSUANT TO 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  POLI-
 TICAL  SUBDIVISION  OF  THIS  STATE,  OR  A  MUNICIPALITY OR OTHER LOCAL
 GOVERNMENT WITHIN THIS STATE.
   § 3091. REGULATORY AUTHORITY. THE NEW YORK STATE DIVISION OF  HOMELAND
 SECURITY  AND  EMERGENCY SERVICES MAY PROMULGATE RULES TO IMPLEMENT THIS
 ARTICLE. IN DOING SO, THE NEW YORK STATE DIVISION OF  HOMELAND  SECURITY
 AND  EMERGENCY  SERVICES SHALL CONSULT WITH AND CONSIDER THE RECOMMENDA-
 TIONS 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 THIS ARTICLE AND MAKE THE
 EMERGENCY RESPONSE SYSTEMS IN THE VARIOUS STATES REASONABLY COMPATIBLE.
   §  3092.  LIMITATIONS  ON CIVIL LIABILITY FOR VOLUNTEER HEALTH PRACTI-
 TIONERS; VICARIOUS LIABILITY. 1.   SUBJECT TO SUBDIVISION  TWO  OF  THIS
 SECTION,  A  VOLUNTEER  HEALTH PRACTITIONER WHO RECEIVES COMPENSATION OF
 FIVE HUNDRED DOLLARS OR LESS PER YEAR FOR PROVIDING HEALTH OR VETERINARY
 SERVICES PURSUANT TO THIS ARTICLE IS NOT LIABLE FOR DAMAGES FOR  AN  ACT
 OR  OMISSION OF THE PRACTITIONER IN PROVIDING THOSE SERVICES. REIMBURSE-
 MENT OF, OR ALLOWANCE FOR, REASONABLE EXPENSES, OR CONTINUATION OF SALA-
 RY OR OTHER REMUNERATION WHILE ON LEAVE, IS NOT COMPENSATION UNDER  THIS
 SUBDIVISION.
   2.  THIS  SECTION  SHALL 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.
   3.  A PERSON THAT, PURSUANT TO THIS ARTICLE, OPERATES, USES, OR RELIES
 UPON INFORMATION PROVIDED BY A VOLUNTEER HEALTH  PRACTITIONER  REGISTRA-
 TION SYSTEM IS NOT LIABLE FOR DAMAGES FOR AN ACT OR OMISSION RELATING TO
 THAT OPERATION, USE, OR RELIANCE UNLESS THE ACT OR OMISSION IS AN INTEN-
 TIONAL TORT OR IS WILLFUL MISCONDUCT OR WANTON, GROSSLY NEGLIGENT, RECK-
 LESS, OR CRIMINAL CONDUCT.

 A. 10869                            7
 
   4.  IN ADDITION TO THE PROTECTIONS PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION, A VOLUNTEER HEALTH PRACTITIONER WHO PROVIDES HEALTH OR  VETERI-
 NARY  SERVICES  PURSUANT  TO THIS ARTICLE IS ENTITLED TO ALL THE RIGHTS,
 PRIVILEGES, OR IMMUNITIES PROVIDED BY SECTION TWENTY-NINE-G OF THE EXEC-
 UTIVE LAW.
   §  3093.  WORKERS' COMPENSATION COVERAGE. 1. IN THIS SECTION, "INJURY"
 MEANS A PHYSICAL OR MENTAL INJURY OR DISEASE FOR WHICH  AN  EMPLOYEE  OF
 THIS  STATE  WHO  IS INJURED OR CONTRACTS A DISEASE IN THE COURSE OF THE
 EMPLOYEE'S EMPLOYMENT WOULD BE ENTITLED TO BENEFITS UNDER  THE  WORKERS'
 COMPENSATION LAW.
   2.  A  VOLUNTEER  HEALTH  PRACTITIONER  WHO  DIES OR IS INJURED AS THE
 RESULT OF PROVIDING HEALTH OR VETERINARY SERVICES PURSUANT TO THIS ARTI-
 CLE SHALL BE DEEMED TO BE AN EMPLOYEE OF THIS STATE FOR THE  PURPOSE  OF
 RECEIVING  BENEFITS  FOR  THE DEATH OR INJURY UNDER THE WORKERS' COMPEN-
 SATION LAW IF:
   (A) THE PRACTITIONER IS NOT OTHERWISE ELIGIBLE FOR SUCH  BENEFITS  FOR
 THE INJURY OR DEATH UNDER THE LAW OF THIS OR ANOTHER STATE; AND
   (B)  THE  PRACTITIONER,  OR  IN  THE CASE OF DEATH, THE PRACTITIONER'S
 PERSONAL REPRESENTATIVE, ELECTS COVERAGE UNDER THE WORKERS' COMPENSATION
 LAW BY MAKING A CLAIM UNDER SUCH LAW.
   3. THE NEW YORK STATE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES  SHALL 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 BY VOLUNTEER HEALTH PRACTI-
 TIONERS 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 THIS ARTICLE WITH
 OTHER STATES THAT ENACT SIMILAR LEGISLATION, THE NEW YORK STATE DIVISION
 OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  SHALL CONSULT WITH AND
 CONSIDER THE PRACTICES FOR FILING,  PROCESSING,  AND  PAYING  CLAIMS  BY
 AGENCIES WITH SIMILAR AUTHORITY IN OTHER STATES.
   §  3094.  UNIFORMITY  OF APPLICATION AND CONSTRUCTION. IN APPLYING AND
 CONSTRUING THIS ARTICLE, CONSIDERATION SHALL BE GIVEN  TO  THE  NEED  TO
 PROMOTE  UNIFORMITY  OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER AMONG
 STATES THAT ENACT IT.
   § 4. This act shall take effect immediately.