26B-4-804.  Volunteer health practitioner registration systems.

(1)  To qualify as a volunteer health practitioner registration system, the registration system shall:

Terms Used In Utah Code 26B-4-804

  • Emergency: means :
(a) a state of emergency declared by:
(i) the president of the United States;
(ii) the governor in accordance with 2; and
(iii) the chief executive officer of a political subdivision in accordance with 2, for a local emergency; or
(b) a public health emergency declared by:
(i) the executive director through a public health order in accordance with this title; or
(ii) a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801
  • Entity: means a person other than an individual. See Utah Code 26B-4-801
  • Health practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
  • Health services: means the provision of treatment, care, advice, guidance, 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 function of the body:
    (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or
    (ii) counseling, assessment, procedures, or other services;
    (b) selling or dispensing 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. See Utah Code 26B-4-801
  • Person: means :Utah Code 68-3-12.5
  • State: means :
    (a) a state of the United States;
    (b) the District of Columbia;
    (c) Puerto Rico;
    (d) the United States Virgin Islands; or
    (e) any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-4-801
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Utah Code 26B-4-801
  • (a)  accept applications for the registration of volunteer health practitioners before or during an emergency;

    (b)  include information about the licensure and good standing of health practitioners that 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 part; and

    (d)  meet one of the following conditions:

    (i)  be an emergency system for advance registration of volunteer health practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Services Act, 42 U.S.C. § 247d-7b, as amended;

    (ii)  be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed under Section 2801 of the Public Health Services Act, 42 U.S.C. § 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 outpatient healthcare services, including tertiary care; or

    (E)  governmental entity; or

    (iv)  be designated by the department as a registration system for purposes of this part.
  • (2) 

    (a)  Subject to Subsection (2)(b), during an emergency, the department, a person authorized to act on behalf of the department, or a host entity shall confirm whether a volunteer health practitioner in Utah is registered with a registration system that complies with Subsection (1).

    (b)  The confirmation authorized under this Subsection (2) is limited to obtaining the identity of the practitioner from the system and determining whether the system indicates that the practitioner is licensed and in good standing.

    (3)  Upon request of a person authorized under Subsection (2), or a similarly authorized person in another state, a registration system located in Utah shall notify the person of the identity of a volunteer health practitioner and whether or not the volunteer health practitioner is licensed and in good standing.

    (4)  A host entity is not required to use the services of a volunteer health practitioner even if the volunteer health practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.

    Renumbered and Amended by Chapter 307, 2023 General Session