TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 3. Emergency Management, 38-3-1 through 38-3-191.

ARTICLE 11 UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT

38-3-161. Definitions.

As used in this article, the term:

1. "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
2. "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners and that:
   1. Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Georgia Emergency Management and Homeland Security Agency; or
   2. Regularly plans and conducts its activities in coordination with an agency of the federal government, the Department of Public Health, a local emergency management agency, a local public health district, or the Georgia Emergency Management and Homeland Security Agency.
3. "Emergency" means an event or condition that is deemed a state of emergency or disaster under Code Section 38-3-51, a public health emergency under Code Section 31-12-1.1, a local emergency under Code Section 36-69-2, or an emergency declared by a state entity or official or by a federal entity or official, if such emergency includes the State of Georgia, under any other provision of Georgia or federal law.
4. "Emergency declaration" means a state of emergency or disaster declared by the Governor pursuant to Code Section 38-3-51 or other applicable law or laws.
5. "Emergency Management Assistance Compact" means the interstate compact approved by the United States Congress by Public Law No. 104-321,110 Stat. 3877 and enacted in this state as Article 5 of this chapter.
6. "Entity" means a person other than an individual.
7. "Health facility" means a hospital or other health facility licensed under Chapter 7 of Title 31, a veterinary facility as defined in Code Section 43-50-3, or any other similar entity licensed under the laws of another state to provide health services or veterinary services.
8. "Health practitioner" means an individual licensed under the laws of this or another state to provide health services or veterinary services.
9. "Health services" means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of individuals or human populations to the extent necessary to respond to an emergency, including:
   1. The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
      1. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
      2. Counseling, assessment, procedures, or other services;
   2. The sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
   3. Funeral, cremation, cemetery, or other mortuary services.
10. "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.
11. "License" means authorization by a state to engage in health services or veterinary services that are unlawful without such authorization. The term includes authorization under the laws of this state to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity.
12. "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
13. "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
14. "Scope of practice" means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to such health practitioner in the state in which the principal part of such health practitioner's services are rendered, including any conditions imposed by the licensing authority.
15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
16. "Veterinary services" means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of an animal or to animal populations to the extent necessary to respond to an emergency, including:
    1. The diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccines, medicine, surgery, or therapy;
    2. The use of a procedure for reproductive management; and
    3. The monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.
17. "Volunteer health practitioner" means a health practitioner who provides health services or veterinary services pursuant to this article at no charge to the patients receiving such services, so long as such health practitioner does not receive compensation in direct relation to those specific services. The term "volunteer health practitioner" shall not include a health practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires such health practitioner to provide such health services to patients of such host entity or affiliate, unless such health practitioner is not a resident of this state and is employed by a disaster relief organization providing health services in this state while an emergency declaration is in effect.

(Code 1981, §38-3-161, enacted by Ga. L. 2016, p. 296, § 1/SB 230; Ga. L. 2018, p. 770, § 5/HB 956.)

The 2018 amendment, effective July 1, 2018, deleted "paragraph (16) of" preceding "Code Section 43-50-3" in the middle of paragraph (7).