(a) Subject to subsections (b) and (c) 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.
Except as otherwise provided in subsection (c) of this section, this part 6 does notauthorize 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 permitted to provide the services.
The disaster management agency may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this part 6, and, with regard to emergencies that require only veterinary services, the department of agriculture may modify or restrict the veterinary services that volunteer health practitioners may provide pursuant to this part 6. An order under this subsection (c) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the "State Administrative Procedure Act", article 4 of title 24.
A host entity may restrict the health or veterinary services that a volunteer healthpractitioner may provide pursuant to this part 6.
A volunteer health practitioner does not engage in unauthorized practice unless thepractitioner 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:
The practitioner knows the limitation, modification, or restriction exists or that asimilarly licensed practitioner in this state would not be permitted to provide the service; or
From all the facts and circumstances known to the practitioner at the relevant time, areasonable 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.
(f) In addition to the authority granted by law of this state other than this part 6 to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
May impose administrative sanctions upon a health practitioner licensed in this statefor conduct outside of this state in response to an out-of-state emergency;
May impose administrative sanctions upon a practitioner not licensed in this state forconduct in this state in response to an in-state emergency; and
Shall report any administrative sanctions imposed upon a practitioner licensed inanother state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
(g) In determining whether to impose administrative sanctions under subsection (f) 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.
Source: L. 2017: Entire part added with relocations, (HB 17-1240), ch. 244, p. 1011, § 1, effective August 9.
Editor's note: This section is similar to former § 12-29.3-108 as it existed prior to 2017.