Biomedical Engineering Reference
In-Depth Information
with the credentialing process available
during an emergency?
g. Are “request for staff privileges” forms for
collecting credentials data available in the
Command Center?
5.
Use of Licensed Professionals Outside Their
Scope of Practice
. The use of licensed profes-
sionals outside their normal scopes of prac-
tice, or using non-licensed professionals to
perform tasks that would typically require a
license, may raise legal issues. Some states
may have statutes that specifically authorize
such practices, or allow certain licensed profes-
sionals (e.g., physicians) to delegate certain
tasks to others while providing supervision.
Additionally, emergency-management statutes
or other public health emergency-preparedness
laws may allow the governor of a state (or
another designated individual, e.g., a state
agency director) to suspend certain statutes to
authorize such activities during a crisis.
a. Do the appropriate local and state jurisdic-
tions allow for medical staff to delegate
their authority during an emergency situa-
tion? If so, to what extent?
b. Does legal authority exist to suspend
professional-licensure requirements during
a major disaster? If so, who has that
authority? Does the institution know how
that decision would be communicated to it
during an emergency?
6.
Use of Licensed Professionals from Other
States
. Issues may arise relating to using
licensed professionals from other states to
assist
National Emergency Management Associa-
tion has published a model law, entitled
The
Emergency Management Assistance Compact
(EMAC)
;
30
most states have entered into this
compact. Article V of
EMAC
provides that
whenever (i) any person holds a license, certifi-
cate, or other permit issued by any
EMAC
-
participating state evidencing qualifications for
professional, mechanical, or other skills, and
(ii) when such assistance is requested by the
receiving party state, such person shall be
deemed to be licensed, certified, or permitted
by the state requesting assistance to render
aid involving such skill to meet a declared
emergency or disaster.
31
It also is possible
that state professional-regulatory and/or
emergency-management statutes address these
issues.
a. Has the organization's state adopted
EMAC
or other measures that address the
use of licensed professionals from other
jurisdictions during an emergency?
b. Does the organization know what limita-
tions and conditions the governor of the
state may prescribe when issuing an order
pursuant to
EMAC
or other statutory provi-
sions? Do
EMAC
or other state statutory
provisions confer immunity on licensed
professionals from other jurisdictions in an
emergency?
c. Does the organization know if licensed
medical personnel employed by federal
agencies are permitted to assist during an
emergency, and is their ability to prac-
tice in an emergency contingent upon the
state's licensure requirements?
in responding to an emergency. The
30
See
Emergency Mgmt. Assistance Compact (EMAC), EMAC Emergency Management Assistance Model Legislation,
at
www.emacweb.org/EMAC/About_EMAC/Model_Legislation.cfm (last visited Sept. 11, 2004).
31
Id
. at art. V. It should be noted that Article VI of EMAC provides that
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the
requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another
state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so
engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article
shall not include willful misconduct, gross negligence, or gross recklessness.
