Licensing Agencies
and
Emergency Preparedness


Preliminary Report
of the
CLEAR Emergency Preparedness Working Group

Background
In 1992, Hurricane Andrew's impact made apparent a need to allow for licensed  personnel from other jurisdictions to practice in a disaster area. The result was the Emergency Management Assistance Compact which says in part:
 

Under PL 104-321 ratified in October 1996 and administered by the National Emergency Management Association (NEMA), the Emergency Management Assistance Compact provides that  “Persons holding licenses, certificates, or other permits…shall be deemed licensed, certified, or permitted by the state requesting assistance.” [Article V] and “Employees…rendering aid...shall be considered agents of the requesting state for tort liability and immunity purposes...”  [Article VI] and “…any party state rendering aid…shall be reimbursed by the party state receiving aid for any loss or damage to or expense incurred…” [Article IX] (this would not apply in the case of individual volunteers).

Source: Emergency Management Assistance Compact

This Report
In 2005, Hurricanes Katrina and Rita revealed an additional need to allow for licensed personnel displaced by a disaster to relocate and practice in other areas. As a first step toward understanding this new situation and preparing for future disasters, CLEAR's Emergency Preparedness Working Group has assembled information on emergency responses and planning. This is a work in progress and the group invites readers to provide additional information for inclusion.

1. Responding to a National Disaster - Hurricanes Katrina and Rita
     Executive Orders
     Agency Actions
     Association Actions

2. Federal and State Resources
    
Federal Preparedness Circulars (FPC) 6566 and 67
    
Continuity of Operations (COOP) Plan Template Instructions (US Federal
     Emergency Management Agency)

     H.R. 2862 is “to permit certain health professionals who  are displaced by
     Hurricane Katrina to provide health-related services under the medicare,
     medicaid, SCHIP, and Indian Health Service programs in States to which
     such professionals relocate.

     Summary of federal legislation and executive branch actions taken or
     proposed as responses to hurricanes Katrina and Rita from the National
     Conference of State Legislatures


    
Virginia Department of Emergency Management’s COOP Planning Manual
     Nebraska Tracking Program

3. Preparing for the Worst
 
     Emergency Preparedness and Response and
      Smallpox from The US Centers for Disease Control and Prevention


     Agency necessary emergency capacity, e.g.
     - authority to issue temporary licenses
     - authority to waive fees
     - immunity from civil action
     - flexibility in scopes of practice (such as smallpox vaccinations by dentists)


©2005 The Council on Licensure, Enforcement and Regulation