H. B. 2780
(By Delegates Staggers, Shaver, Argento, Moye,
Perdue, Phillips, Hamilton, Beach, Caputo,
Fleischauer and Rowan)
[Introduced January 13, 2010; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-1C-1, §16-1C-2,
§16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6, all relating to
establishing the "Emergency Credentialing for Health Care
Providers Act"; requiring the Secretary of the Department of
Health and Human Resources to establish a registry of
emergency health care providers; authorizing the secretary to
designate all or a part of a health care facility or other
location as an emergency health care center; authorizing the
secretary to direct health care providers during an emergency;
requiring emergency health care providers to comply with
emergency plans and credentialing plans; providing that
emergency health care providers and other health care
providers who volunteer to perform emergency health care
services without compensation are agents of the state for the
purpose of any claims arising out of those services; and legislative rules to implement provisions of this article.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-1C-1, §16-1C-2,
§16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6 all to read as follows:
ARTICLE 1C. EMERGENCY CREDENTIALING FOR HEALTH CARE PROVIDERS ACT.
§16-1C-1. Registry of emergency health care providers.
(a) The Secretary of the Department of Health and Human
Resources shall establish a registry of emergency health care
providers who are available to provide health care services during
an emergency or crisis. The secretary may require training related
to the provision of health care services in an emergency or crisis
as a condition of registration.
(b) The secretary shall issue identification cards to health
care providers included in the registry established under this
section that:
(1) Identify the health care provider;
(2) Indicate that the health care provider is registered as a
West Virginia emergency health care provider;
(3) Identify the license or certification held by the health
care provider; and
(4) Identify the health care provider's usual area of practice
if that information is available and the secretary determines that
it is appropriate to provide that information.
(c) The secretary shall by legislative rule establish a form
for identification cards issued under the provisions of this
section.
(d) The secretary shall support and provide assistance to the
Office of Emergency Management in emergencies or crises involving
the public health or requiring emergency medical response.
§16-1C-2. Designation of emergency health care center.
(a) The Secretary of the Department of Health and Human
Resources may designate all or a part of a health care facility or
other location as an emergency health care center. Upon the
Governor declaring a state of emergency or proclaiming a state of
impending public health crisis after determining that a threat to
the public health is imminent and likely to be widespread,
life-threatening and of a scope that requires immediate medical
action to protect the public health, emergency health care centers
may be used for:
(1) Evaluation and referral of individuals affected by the
emergency or crisis;
(2) Provision of health care services; and
(3) Preparation of patients for transportation.
(b) The secretary may enter into cooperative agreements with
local public health authorities that allow local public health
authorities to designate emergency health care centers under the
provisions of this section.
(c) An emergency health care center designated under this
section must have an emergency operations plan and a credentialing
plan that governs the use of emergency health care providers
registered under the provisions of section one of this article and
other health care providers who volunteer to perform health care
services at the center. The emergency operations plan and
credentialing plan must comply with rules governing those plans as
promulgated by the secretary.
§16-1C-3. Direction of health care providers during emergency.
If the Governor declares a state of emergency or proclaims a
state of impending public health crisis after determining that a
threat to the public health is imminent and likely to be
widespread, life-threatening and of a scope that requires immediate
medical action to protect the public health, The Secretary of the
Department of Health and Human Resources may direct emergency
health care providers, registered under the provisions of section
one of this article, who are willing to provide health care
services on a voluntary basis to proceed to any place in this state
where health care services are required by reason of the emergency
or crisis.
Any emergency health care provider registered under the
provisions of section one of this article or other health care
provider may volunteer to perform health care services described in
section three of this article at any emergency care center or health care center facility in the manner provided by section three
of this article.
§16-1C-4. Emergency services to comply with emergency plan and
credentialing plan.
(a) Emergency health care providers registered under the
provisions of section one of this article and other health care
providers who volunteer to perform health care services under this
article must provide those services in accordance with the
emergency operations plan and credentialing plan adopted by the
emergency health care center or by the health care facility at
which the services are rendered.
(b) An emergency health care center or health care facility
may determine the services to be provided by any emergency health
care provider registered under the provisions of this article or
other health care provider who volunteers to perform health care
services under this article.
§16-1C-5. Emergency health care providers agents of state.
(a) Emergency health care providers registered under the
provisions of section one of this article and other health care
providers who volunteer to perform health care services without
compensation under the provisions of this article are agents of the
state for the purpose of any claims arising out of those services.
(b) Health care facilities and other persons operating
emergency health care centers designated under this article are agents of the state for the purpose of any claims arising out of
services provided without compensation through those centers or
facilities.
(c) An emergency health care provider registered under this
article participating in training authorized by the Secretary of
the Department of Health and Human Resources is an agent of the
state for the purpose of any claims arising out of that training.
(d) The provisions of subsections (a) and (b) of this section
apply only to emergency health care centers or health care
facilities that have adopted emergency operations plans and
credentialing plans that govern the use of emergency health care
providers registered under the provisions of section one of this
article and other health care providers who volunteer to perform
health care services under this article. An emergency operations
plan and a credentialing plan must comply with rules governing
those plans adopted by the Secretary of the Department of Health
and Human Resources.
§16-1C-6. Legislative rules.
The Secretary of the Department of Health and Human Resources
shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
necessary for the implementation of the provisions of this article.
NOTE: The purpose of this bill is to establish the "Emergency
Credentialing for Health Care Providers Act" which requires the Secretary of the Department of Health and Human Resources to
establish a registry of emergency health care providers. It
authorizes the secretary to designate all or a part of a health
care facility or other location as an emergency health care center;
authorizes the secretary to direct health care providers during
emergencies; and requires emergency health care providers to comply
with an emergency plan and credentialing plan. The bill provides
that emergency health care providers and other health care
providers who volunteer to perform emergency health care services
without compensation are agents of the state for the purpose of any
claims arising out of those services. And, the bill requires the
secretary to promulgate legislative rules to implement provisions
of this article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.