An Act To Enact the Unifonn Emergency Volunteer Health Practitioners Act
Maine Legislature, Session 128, LD 0958
Committee Amendment CA_A_S401 (Senate)
Amends: 24 MRSA §2904

COMMITTEE AMENDMENT" A" to S.P. 314, L.D. 958, Bill, "An Act To Enact 
the Unifonn Emergency Volunteer Health Practitioners Act" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 24 MRSA §2904, sub-§1, ,rA, as enacted by PL 2003, c. 438, §2, is 
amended to read: 
A. A licensed health care practitioner who voluntarily, without the expectation or 
receipt of monetary or other compensation either directly or indirectly, provides 
professional services within the scope of that health care practitioner's licensure: 
(1) To a nonprofit organization; 
(2) To an agency of the State or any political subdivision of the State; 
(3) To members or recipients of services of a nonprofit organization or state or 
local agency; 
(4) To support the State's response to a public health threat as defined in Title 22, 
section 801, subsection 10; 
(5) To support the State's response to an extreme public health emergency as 
defined in Title 22, section 801, subsection 4-A; or 
(6) To support the State's response to a disaster as defmed in Title 37-B, section 
703, subsection 2; er 
Sec. 2. 24 MRSA §2904, sub-§1, ,in, as corrected by RR 2005, c. 2, §19, is 
amended to read: 
B. An emergency medical services person who voluntarily, without the expectation 
or receipt of monetary or other compensation either directly or indirectly, provides 
emergency medical services within the scope of that person's Ii censure: 
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COMrvfITTEE AMENDMENT" A" to S.P. 314, L.D. 958 
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(1) To support the State's response to a public health threat as defined in Title 22, 
section 801, subsection 10; 
(2) To support the State's response to an extreme public health emergency as 
defined in Title 22, section 801, subsection 4-A; or 
(3) To support the State's response to a disaster as defined in Title 37-B, section 
703, subsection 2.,;_m: 
Sec. 3. 24 MRSA §2904, sub-§1, ,c is enacted to read: 
C. A volunteer health practitioner who provides health services or veterinary services 
pursuant to the Uniform Emergency Volunteer Health Practitioners Act. 
Sec. 4. 24 MRSA §2904, sub-§3, ,iF is enacted to read: 
F. "Volunteer health practitioner" has the same meaning as in Title 37-B, section 
949-A, subsection 16. 
Sec. 5. 37-B MRSA c. 16-B is enacted to read:_ 
CHAPTER 16-B 
UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT 
§949. Short title 
This chapter may be known and cited as "the Uniform Emergency Volunteer Health 
Practitioners Act." 
§949-A. Definitions 
As used in this chapter, unless the context otherwise indicates. the following terms 
have the following meanings. 
1. Disaster relief organization. "Disaster relief organization" means an entity that 
provides emergency or disaster relief services that include health services or veterinary 
services provided by volunteer health practitioners as long as the entity: 
A. Is designated or recognized as a provider of those emergency or disaster relief 
services pursuant to a disaster response and recovery plan adopted by an agency of 
the Federal Government or the Maine Emergency Management Agency: or 
B. Regularly plans and conducts its activities in coordination with an agency of the 
Federal Government. the Maine Emergency Management Agency or the Department 
of Health and Human Services. 
2. Emergency. "Emergency" means an event or condition that is an actual or 
imminent civil emergency or disaster or an actual or threatened epidemic or public health 
threat that is the subject of an emergency proclamation pursuant to section 742 or an 
emergency declaration pursuant to Title 22, section 802. 
3. 
Emergency declaration. 
"Emergency declaration" means a declaration or 
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proclamation of emergency issued by a pbrson authorized to do so under the laws of this 
State. 
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COMMITTEE AMENDMENT" A" to S.P. 314, L.D. 958 
4. 
Emergency Management Assistance Compact. 
"Emergency Management 
Assistance Compact" means the interstate compact approved by the United States 
Congress in Public Law 104-321 (1996) and adopted by this State in chapter 16. 
5. Entity. "Entity" means a person other than an individual. 
6. Health facility. "Health facility" means an entity licensed under the laws of this 
State or another state to provide health services or veterinary services. 
7. Health practitioner. "Health practitioner" means an individual licensed under the 
laws of this State or another state to provide health services or veterinary services. 
8. Health services. "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 function of the body: 
(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative 
care: and 
(2) Counseling. assessment. procedures or other services: 
B. The 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. 
9. Host entity. "Host entity" means an entity operating in this State that uses 
volunteer health practitioners to respond to an emergency. 
10. International Emergency Management Assistance Compact. "International 
Emergency Management Assistance Compact" means the mutual assistance compact 
described in chapter 16-A. 
11. License. "License" means authorization by a state to provide health services or 
veterinary services that are unlawful without the authorization. 
"License" includes 
authorization under the laws of this State to an individual to provide health services or 
veterinary services based upon a national .certification issued by a public or private entity. 
12. 
Person. "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. Scope of practice. "Scope of practice" means the extent of the authorization to 
provide health services 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 practitioner1s 
services are rendered, including any conditions imposed by the licensing authority. 
14. State. "State" means a state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular 
possession subject to the jurisdiction of the United States or a Canadian province that is a 
party to the International Emergency Management Assistance Compact. 
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CO.MlvHTTEE AMENDMENT "A" to S.P, 314, L.D. 958 
15. Veterinary services. "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, administration 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. 
16. Volunteer health practitioner. "Volunteer health practitioner" means a health 
practitioner who provides health services or veterinary services while an emergency 
declaration is in effect, whether or not the practitioner receives compensation for those 
services. "Volunteer health practitioner" does not 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. 
§949-B. Applicability to volunteer health practitioners 
This chapter applies only to volunteer health practitioners who are registered with a 
registration system that complies with section 949-D and who provide health services or 
veterinary services in this State for a host entity while an emergency declaration is in 
effect. 
§949-C. Regulation of services during emergency 
1. Order regulating practice. The Department of Health and Human Services, in 
coordination with the Maine Emergency Management Agency, may issue an order that 
limits, restricts or otherwise regulates the following while an emergency declaration is in 
effect: 
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 
services or veterinary services during the emergency. 
2. Inapplicability of Maine Administrative Procedure Act. Notwithstanding the 
Maine Administrative Procedure Act, an order issued pursuant to subsection 1 may take 
effect immediately, without notice or comment, and is legally enforceable. 
3, Duties of host entity. A host entity that uses volunteer health practitioners to 
provide health services or veterinary services in this State shall: 
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COMMITTEE AMENDMENT" A" to S.P. 314, L.D. 958 
A. Consult and coordinate its activities with the Department of Health and Human 
Services or the Maine Emergency Management Agency to the extent practicable to 
provide for the efficient and effective use of volunteer health practitioners: and 
B. Comply with other laws relating to the management of emergency health services 
or veterinary services. 
§949-D. Volunteer health practitioner registration systems 
1. Registration system requirements. To qualify as a volunteer health practitioner 
registration system. a system must: 
A. Accept applications for the registration of volunteer health practitioners before or 
during an emergency: 
B. Include infonnation about the licensure and good standing of health practitioners 
that is accessible by authorized persons: 
C. 
Be capable of confinning 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 chapter: and 
D. Meet one of the following conditions: 
(1) Be an emergency system for advance registration of volunteer health care 
professionals established by a state and funded through the federal Department of 
Health and Human Services under Section 3191 of the federal Public Health 
Service Act, 42 United States Code, Section 247d-7b (2017): 
(2) Be a local unit consisting of trained and equipped emergency response. 
public health and medical personnel formed pursuant to Section 2801 of the 
federal Public Health Service Act, 42 United States Code, Section 300hh (2017): 
(3) 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 
health care services, including a tertiary care hospital: or 
(e) Governmental entity; or 
( 4) 
Be designated by the Department of Health and Human Services, in 
coordination with the Maine Emergency Management Agency, as a registration 
system for the purposes of this chapter. 
2. Confirmation of registration. While an emergency declaration is in effect, the 
Department of Health and Human Services or the Maine Emergency Management 
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Agency, a person authorized to act on behalf of the Department of Health and Human 
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Services or the Maine Emergency Management Agency or a host entity may confirm 
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COMMITTEE AMENDMENT" A" to S.P. 314, L.D. 958 
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. Notification by registration system. Upon request of a person in this State 
authorized under subsection 2. 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 practitioners are licensed and in good 
standing. 
4. Host entity discretion in selecting volunteers. 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 that indicates that the practitioner is licensed and in good 
standing. 
§949-E. Recognition of volunteer health practitioners licensed in other states 
1. Authority to practice during emergency. While an emergency declaration is in 
effect. a volunteer health practitioner registered with a registration system that complies 
with section 949-D and 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 if the practitioner were licensed in this State. 
2. 
Disqualification based on professional discipline. 
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. 
§949-F. No effect on credentialing and privileging 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
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 license, education, 
training, experience, competence. health status and specialized skill. 
2. Health facility autonomy over credentialing and privileging. 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. 
§949-G. 
Provision of volunteer health services or veterinary services; licensee 
discipline 
1. Applicability of Maine scope of practice laws. Subject to subsections 2 and 3, a 
volunteer health practitioner shall adhere to the scope of practice for a similarly licensed 
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COM1vUTTEEAMENDMENT"'A "to S.P. 314, L.D. 958 
practitioner established by the licensing provisions, practice acts or other laws of this 
State. 
2. Applicability of scope of practice laws of state where practitioner is licensed. 
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 pennitted to provide the 
services. 
3. Order modifying or limiting services. The Governor or the Governor's designee 
may issue an order that modifies or restricts the health services or veterinary services that 
volunteer health practitioners may provide pursuant to this chapter. Notwithstanding the 
Maine Administrative Procedure Act, an order issued pursuant to this subsection may 
take effect immediately. without notice or comment, and is legally enforceable. 
4. Additional restrictions imposed by host entity. A host entity may restrict the 
health services or veterinary services that a volunteer health practitioner may provide 
pursuant to this chapter. 
5. 
Unauthorized practice. 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 limitation, modification or 
restriction exists or that a similarly licensed practitioner in this State would not be 
permitted to provide the service. 
6. Volunteer health practitioner discipline. In addition to the authority granted by 
law 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 discipline a health practitioner licensed in this State for conduct outside of 
this State in response to an out-of-state emergency: 
B. May discipline a health practitioner not licensed in this State for conduct in this 
State in response to an in-state emergency: and 
C. Shall report any discipline imposed upon a health 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. Factors to be ·considered by disciplinary authority. In determining whether to 
impose discipline pursuant to subsection 6, a licensing board or other disciplinary 
authority shall consider the circumstances in which the conduct took place, including any 
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COMMITTEE AMENDMENT "A" to S.P. 314, L.D. 958 
exigent circumstances, and the health practitioner's scope of practice, education, training, 
experience and specialized skill. 
§949-H. Relation to other laws 
1. Other laws unaffected. This chapter does not limit the 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 or the International Emergency Management Assistance Compact. 
2. Exceptions; Emergency Management Assistance Compact and International 
Emergency Management Assistance Compact. The Maine Emergency Management 
Agency, pursuant to section 784-A, the Emergency Management Assistance Compact and 
the International 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. 
§949-1. Regulatory authority 
The Department of Health and Human Services may adopt rules to implement this 
chapter. In doing so, the Department of Health and Human Services shall consult with 
and consider the recommendations of the Maine Emergency Management Agency and 
shall also consult with and consider rules adopted by similarly empowered agencies in 
other states to promote uniformity of application of this chapter and make the emergency 
response systems in the various states reasonably compatible. Rules adopted pursuant to 
this section are routine technical rules as defmed by Title 5, chapter 375, subchapter 2-A. 
§949-J. Limitations on civil liability for volunteer health practitioners 
A volunteer health practitioner who provides health services or veterinary services in 
accordance with this chapter is immune from liability for injury or death arising from the 
provision of those services to the extent provided in Title 24, section 2904. 
§949-K. Uniformity of application and construction 
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.' 
SUMMARY 
This amendment strikes and replaces the bill, which is a concept draft, and adopts 
selected provisions of the Uniform Emergency Volunteer Health Practitioners Act. This 
amendment does the following. 
I. It defines "volunteer health practitioner" as an individual who provides health 
services or veterinary services, whether or not the individual receives compensation, as 
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long as the individual is not providing services in this State as part of a preexisting 
employment relationship. "Volunteer health practitioner" also includes individuals who 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 314, L.D. 958 
are not state residents who provide health services or veterinary services in this State 
while employed by a disaster relief organization. 
2. It provides for advanced registration of volunteer health practitioners from this 
State or other states who agree to provide health services or veterinary services during a 
civil emergency or health emergency in this State declared by the Governor or the 
Department of Health and Human Services. 
Registration systems must determine 
whether registrants are licensed to provide health services or veterinary services and are 
in good standing with the relevant licensing entities in this State and other states. 
3. It authorizes volunteer health practitioners licensed in other states to provide health 
services and veterinary services in this State during a declared civil emergency or public 
health emergency. While an emergency declaration is in effect, the Department of Health 
and Human Services, in coordination with the Department of Defense, Veterans and 
Emergency Management, Maine Emergency Management Agency, may limit the 
duration and geographical areas in which a volunteer health practitioner may practice as 
well as types of volunteer health practitioners who are authorized to provide health 
services or veterinary services. 
4. It requires a volunteer health practitioner to comply with both the scope of practice 
laws in this State and the scope of practice laws in the state where the individual is 
licensed while providing health services or veterinary services in this State during a 
declared emergency. The Governor or the Governor's designee may by order modify or 
restrict the health services or veterinary services that a volunteer health practitioner may 
provide during a declared emergency. 
5. It subjects a volunteer health practitioner to discipline by the appropriate state 
licensing board for health services or veterinary services provided in this State during a 
declared emergency. An individual who is licensed in Maine and who provides health 
services or veterinary services during a declared emergency in another state as a 
volunteer health practitioner is also subject to discipline by the appropriate state licensing 
board. 
6. It protects a volunteer health practitioner from civil liability for injury or death 
arising out of the provision of health services or veterinary services in accordance with 
the requirements of the uniform act to the same extent that a health care practitioner in 
this State is protected from civil liability for volunteer activities under the Maine Health 
Security Act. 
7. It authorizes the Department of Health and Human Services to adopt rules to 
implement the uniform act in consultation with the Maine Emergency Management 
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Agency and rule-making agencies in other states that have adopted similar legislation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/28/18 fe.ac 
LD958 
LR 1409(02) 
An Act To Enact the Uniform Emergency Volunteer Health Practitioners Act 
Fiscal Note for Bill as Amended by Committee Amendment '.A" (S · I.fol) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to state agencies associated with this legislation can be absorbed within existing budgeted 
resources. 
LR1409(02) - Fiscal Note - Page I of I