Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Licenses and
Permits
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Descriptive Note
Licenses, permits, certificates, and related credentialing or privileging
requirements are generally controlled by state law. EMAC, for example
has been statutorily enacted in all states. It provides in Article
V:
Whenever any person holds a license, certificate, or other permit
issued by any state party to the compact evidencing the meeting
of qualifications for professional, mechanical, or other skills,
and when such assistance is requested by the receiving party
state, such person shall be deemed licensed, certified, or permitted
by the state requesting assistance to render aid involving such
skill to meet a declared emergency or disaster, subject to such
limitations and conditions as the governor of the requesting
state may prescribe by executive order or otherwise.
"Deeming" or similar treatment of licenses, permits, etc., in circumstances
not controlled by EMAC requires comparable supporting legal authority.
Analysis and resolution of legal issues relating to such authority
may be assisted by reference to the Emergency System for Advance
Registration of Volunteer Health Professionals (ESAR-VHP) – Legal
and Regulatory Issues Report, accessible at
www.hrsa.gov/esarvhp/legregissues/default.htm,
and the Uniform Emergency Health Practitioners Act (UEVHPA), accessible
at www.uevhpa.org.
Optional sample provisions
EMAC-like “deeming”:
- Whenever a person holds a license, certificate or other
permit issued by any Party to the Agreement evidencing the meeting
or qualifications for professional, mechanical or other skills,
and when such assistance is requested by the receiving Party,
such person is deemed to be licensed, certified or permitted
by the Party requesting assistance to render aid involving such
skill to meet an emergency or disaster, to the extent allowed
by law and subject to such limitations and conditions as the
requesting Party prescribes by executive order or otherwise.
- To the extent permitted by the law of the state in which
the emergency occurs, a person or entity that holds a license,
certificate, or other permit issued by a responding Party evidencing
qualification in a professional, mechanical or other skill shall
be deemed to be licensed, certified, or permitted in the jurisdiction
of the Party requesting assistance for the duration of the emergency
subject to any limitations and conditions the Party receiving
the assistance may prescribe.
Assuring professional qualifications and regulatory compliance:
- The requesting Party will grant emergency privileges to
the professional staff of the responding Party. The responding
Party will cooperate with the requesting Party to provide the
information necessary in a timely manner to verify employment
status, licensure, and training necessary in order for professional
staff to receive emergency privileges within the jurisdiction
of the requesting Party.
- The Parties will comply with all Federal and State laws
relating to provision of services under this Agreement and will
maintain in effect all permits, licenses, governmental approvals
and accreditations that may be necessary for that purpose. The
Parties will notify each other immediately of any material change
in such permits, licenses, governmental approvals or accreditation
that would adversely affect the ability of the Parties to perform
under this Agreement.
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