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A Menu of Suggested Provisions for Public Health Mutual Aid Agreements

Licenses and Permits

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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