Full Text of SB2541 96th General Assembly
SB2541sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/3/2010
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| AMENDMENT TO SENATE BILL 2541
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| AMENDMENT NO. ______. Amend Senate Bill 2541 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Uniform Emergency Volunteer Health Practitioners Act. | 6 |
| Section 2. Definitions. In this Act: | 7 |
| (1) "Disaster relief organization" means an entity that
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| provides emergency or disaster relief services that include
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| health or veterinary services provided by volunteer health
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| practitioners and that: | 11 |
| (A) is designated or recognized as a provider of those | 12 |
| services pursuant to a disaster response and recovery plan | 13 |
| adopted by an agency of the federal government or the | 14 |
| Illinois Emergency Management Agency; or
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| (B) regularly plans and conducts its activities in | 16 |
| coordination with an agency of the federal government or |
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| the Illinois Emergency Management Agency.
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| (2) "Emergency" means an event or condition that is a | 3 |
| disaster as defined in Section 4 of the Illinois Emergency | 4 |
| Management Agency Act.
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| (3) "Emergency declaration" means a declaration of | 6 |
| emergency issued by a person authorized to do so under the laws | 7 |
| of this State or a disaster proclamation issued by the Governor | 8 |
| pursuant to Section 7 of the Illinois Emergency Management | 9 |
| Agency Act.
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| (4) (Reserved).
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| (5) "Entity" means a person other than an individual.
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| (6) "Health facility" means an entity licensed under the | 13 |
| laws of this or another state to provide health or veterinary | 14 |
| services.
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| (7) "Health practitioner" means an individual licensed | 16 |
| under the laws of this or another state to provide health or | 17 |
| veterinary services.
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| (8) "Health services" means the provision of treatment, | 19 |
| care, advice or guidance, or other services, or supplies, | 20 |
| related to the health or death of individuals or human | 21 |
| populations, to the extent necessary to respond to an | 22 |
| emergency, including:
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| (A) the following, concerning the physical or mental | 24 |
| condition or functional status of an individual or | 25 |
| affecting the structure or function of the body: | 26 |
| (i) preventive, diagnostic, therapeutic, |
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| rehabilitative, maintenance, or palliative care; and
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| (ii) counseling, assessment, procedures, or other
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| services;
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| (B) sale or dispensing of a drug, a device, equipment, | 5 |
| or another item to an individual in accordance with a | 6 |
| prescription; and
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| (C) funeral, cremation, cemetery, or other mortuary | 8 |
| services. | 9 |
| (9) "Host entity" means an entity operating in this State | 10 |
| which uses volunteer health practitioners to respond to an | 11 |
| emergency, including a healthcare facility, system, clinic or | 12 |
| other fixed or mobile location where health care services are | 13 |
| provided. A disaster relief organization may also be a host | 14 |
| entity under this subsection to the extent that it operates a | 15 |
| healthcare facility, system, clinic, or other fixed or mobile | 16 |
| location in providing emergency or disaster relief services.
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| (10) "License" means authorization by a state to engage in | 18 |
| health or veterinary services that are unlawful without the | 19 |
| authorization.
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| (11) "Person" means an individual, corporation, business | 21 |
| trust, trust, partnership, limited liability company, | 22 |
| association, joint venture, public corporation, government or
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| governmental subdivision, agency, or instrumentality, or any | 24 |
| other legal or commercial entity.
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| (12) "Scope of practice" means the extent of the | 26 |
| authorization to provide health or veterinary services granted |
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| to a health practitioner by a license issued to the | 2 |
| practitioner in the state in which the principal part of the | 3 |
| practitioner's services are rendered, including any conditions | 4 |
| imposed by the licensing authority.
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| (13) "State" means a state of the United States, the | 6 |
| District of Columbia, Puerto Rico, the United States Virgin | 7 |
| Islands, or any territory or insular possession subject to the
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| jurisdiction of the United States.
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| (14) "Veterinary services" means the provision of | 10 |
| treatment, care, advice or guidance, or other services, or | 11 |
| supplies, related to the health or death of an animal or to | 12 |
| animal populations, to the extent necessary to respond to an | 13 |
| emergency declaration, including:
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| (A) diagnosis, treatment, or prevention of an animal | 15 |
| disease, injury, or other physical or mental condition by | 16 |
| the prescription, administration, or dispensing of | 17 |
| vaccine, medicine, surgery, or therapy;
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| (B) use of a procedure for reproductive management; and
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| (C) monitoring and treatment of animal populations for | 20 |
| diseases that have spread or demonstrate the potential to | 21 |
| spread to humans. | 22 |
| (15) "Volunteer health practitioner" means a health | 23 |
| practitioner who provides health or veterinary services, | 24 |
| whether or not the practitioner receives compensation for those | 25 |
| services. The term does not include a practitioner who receives | 26 |
| compensation pursuant to an employment or independent |
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| contractor relationship existing at the time of the emergency | 2 |
| with a host entity or disaster relief organization which | 3 |
| requires the practitioner to provide health or veterinary | 4 |
| services in this State, unless the practitioner is not a | 5 |
| resident of this State and is employed by or an independent | 6 |
| contractor of a host entity or disaster relief organization | 7 |
| providing services in this State while an emergency declaration | 8 |
| is in effect. | 9 |
| Section 3. Applicability to volunteer health | 10 |
| practitioners. This Act applies to volunteer health | 11 |
| practitioners registered with a registration system that | 12 |
| complies with Section 5 and who provide health or veterinary | 13 |
| services in this State for a host entity or disaster relief | 14 |
| organization while an emergency declaration is in effect. | 15 |
| Section 4. Regulation of services during emergency.
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| (a) While a disaster proclamation under the Illinois | 17 |
| Emergency Management Agency Act is in effect, the Illinois | 18 |
| Emergency Management Agency may limit, restrict, or otherwise
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| regulate: | 20 |
| (1) the duration of practice by volunteer health | 21 |
| practitioners;
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| (2) the geographical areas in which volunteer health | 23 |
| practitioners may practice;
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| (3) the types of volunteer health practitioners who may |
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| practice; and
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| (4) any other matters necessary to coordinate | 3 |
| effectively the provision of health or veterinary services | 4 |
| during the emergency.
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| (b) An order issued pursuant to subsection (a) may take | 6 |
| effect immediately, without prior notice or comment, and is not | 7 |
| a rule within the meaning of the Illinois Administrative | 8 |
| Procedure Act.
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| (c) A host entity or disaster relief organization that uses | 10 |
| volunteer health practitioners to provide health or veterinary | 11 |
| services in this State shall: | 12 |
| (1) consult and coordinate its activities with the | 13 |
| Illinois Emergency Management Agency to the extent | 14 |
| practicable to provide for the efficient and effective use | 15 |
| of volunteer health practitioners; and
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| (2) comply with any laws relating to the management of | 17 |
| emergency health or veterinary services.
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| Section 5. Volunteer Health Practitioner Registration | 19 |
| Systems.
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| (a) To qualify as a volunteer health practitioner | 21 |
| registration system, a system must: | 22 |
| (1) accept applications for the registration of | 23 |
| volunteer health practitioners before or during an | 24 |
| emergency;
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| (2) include information about the licensure and good |
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| standing of health practitioners which is accessible by | 2 |
| authorized persons;
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| (3) be capable of confirming the accuracy of | 4 |
| information concerning whether a health practitioner is | 5 |
| licensed and in good standing before health services or | 6 |
| veterinary services are provided under this Act; and
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| (4) meet one of the following conditions:
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| (A) be an emergency system for advance | 9 |
| registration of volunteer health-care practitioners | 10 |
| established by a state and funded through the | 11 |
| Department of Health and Human Services under Section | 12 |
| 319I of the Public Health Services Act, 42 U.S.C. | 13 |
| Section 247d-7b (as amended);
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| (B) be a local unit consisting of trained and | 15 |
| equipped emergency response, public health, and | 16 |
| medical personnel formed pursuant to Section 2801 of | 17 |
| the Public Health Services Act, 42 U.S.C. Section 300hh | 18 |
| (as amended);
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| (C) be operated by a:
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| (i) disaster relief organization;
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| (ii) licensing board;
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| (iii) national or regional association of | 23 |
| licensing boards or health practitioners;
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| (iv) health facility that provides | 25 |
| comprehensive inpatient and outpatient health-care | 26 |
| services, including a tertiary care, teaching |
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| hospital, or ambulatory surgical treatment center; | 2 |
| or
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| (v) governmental entity; or
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| (D) be designated by the Illinois Department of | 5 |
| Public Health as a registration system for purposes of | 6 |
| this Act. | 7 |
| (b) While an emergency declaration is in effect, the | 8 |
| Illinois Department of Public Health, a person authorized to | 9 |
| act on behalf of the Illinois Department of Public Health, or a | 10 |
| host entity or disaster relief organization, may confirm | 11 |
| whether volunteer health practitioners utilized in this State | 12 |
| are registered with a registration system that complies with | 13 |
| subsection (a). Confirmation is limited to obtaining | 14 |
| identities of the practitioners from the system and determining | 15 |
| whether the system indicates that the practitioners are | 16 |
| licensed and in good standing.
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| (c) Upon request of a person in this State authorized under | 18 |
| subsection (b), or a similarly authorized person in another | 19 |
| state, a registration system located in this State shall notify | 20 |
| the person of the identities of volunteer health practitioners | 21 |
| and whether the practitioners are licensed and in good | 22 |
| standing.
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| (d) A host entity or disaster relief organization is not | 24 |
| required to use the services of a volunteer health practitioner | 25 |
| even if the practitioner is registered with a registration
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| system that indicates that the practitioner is licensed and in |
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| good standing.
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| Section 6. Recognition of volunteer health practitioners | 3 |
| licensed in other states.
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| (a) While an emergency declaration is in effect, a | 5 |
| volunteer health practitioner, registered with a registration | 6 |
| system that complies with Section 5 and licensed and in good | 7 |
| standing in the state upon which the practitioner's | 8 |
| registration is based, may practice in this State to the extent | 9 |
| authorized by this Act as if the practitioner were licensed in | 10 |
| this State.
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| (b) A volunteer health practitioner qualified under | 12 |
| subsection (a) is not entitled to the protections of this Act | 13 |
| if any license of the practitioner is suspended, revoked, or | 14 |
| subject to an agency order limiting or restricting practice | 15 |
| privileges, or has been voluntarily terminated under threat of | 16 |
| sanction. | 17 |
| Section 7. No effect on credentialing and privileging.
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| (a) In this Section:
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| (1) "Credentialing" means obtaining, verifying, and | 20 |
| assessing the qualifications of a health practitioner to | 21 |
| provide treatment, care, or services in or for a health | 22 |
| facility.
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| (2) "Privileging" means the authorizing by an | 24 |
| appropriate authority, such as a governing body, of a |
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| health practitioner to provide specific treatment, care, | 2 |
| or services at a health facility subject to limits based on | 3 |
| factors that include license, education, training, | 4 |
| experience, competence, health status, and specialized | 5 |
| skill. | 6 |
| (b) This Act does not affect credentialing or privileging | 7 |
| standards of a health facility and does not preclude a health | 8 |
| facility from waiving or modifying those standards while an | 9 |
| emergency declaration is in effect.
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| Section 8. Provision of volunteer health or veterinary | 11 |
| services; administrative sanctions.
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| (a) Subject to subsections (b) and (c), a volunteer health | 13 |
| practitioner shall adhere to the scope of practice for a | 14 |
| similarly licensed practitioner established by the licensing | 15 |
| provisions, practice Acts, or other laws of this State.
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| (b) Except as otherwise provided in subsection (c), this | 17 |
| Act does not authorize a volunteer health practitioner to | 18 |
| provide services that are outside the practitioner's scope of | 19 |
| practice, even if a similarly licensed practitioner in this | 20 |
| State would be permitted to provide the services.
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| (c) Consistent with the Department of Professional | 22 |
| Regulation Law of the Civil Administrative Code of Illinois and | 23 |
| the Department of Public Health Powers and Duties Law of the | 24 |
| Civil Administrative Code of Illinois, the Illinois Emergency | 25 |
| Management Agency, the Department of Financial and |
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| Professional Regulation, or the Illinois Department of Public | 2 |
| Health may modify or restrict the health or veterinary services | 3 |
| that volunteer health practitioners may provide pursuant to | 4 |
| this Act during an emergency. A proclamation under this | 5 |
| subsection may take effect immediately, without prior notice or | 6 |
| comment, and is not a rule within the meaning of the Illinois | 7 |
| Administrative Procedure Act.
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| (d) A host entity or disaster relief organization may | 9 |
| restrict the health or veterinary services that a volunteer | 10 |
| health practitioner may provide pursuant to this Act.
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| (e) A volunteer health practitioner does not engage in | 12 |
| unauthorized practice unless the practitioner has reason to | 13 |
| know of any limitation, modification, or restriction under this | 14 |
| Section or that a similarly licensed practitioner in this State | 15 |
| would not be permitted to provide the services. A volunteer | 16 |
| health practitioner has reason to know of a limitation, | 17 |
| modification, or restriction or that a similarly licensed | 18 |
| practitioner in this State would not be permitted to provide a | 19 |
| service if:
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| (1) the practitioner knows the limitation, | 21 |
| modification, or restriction exists or that a similarly | 22 |
| licensed practitioner in this State would not be permitted | 23 |
| to provide the service; or
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| (2) from all the facts and circumstances known to the | 25 |
| practitioner at the relevant time, a reasonable person | 26 |
| would conclude that the limitation, modification, or |
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| restriction exists or that a similarly licensed | 2 |
| practitioner in this State would not be permitted to | 3 |
| provide the service.
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| (f) In addition to the authority granted by law of this | 5 |
| State to regulate the conduct of health practitioners, a | 6 |
| licensing board or other disciplinary authority in this State:
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| (1) may impose administrative sanctions upon a health | 8 |
| practitioner licensed in this State for conduct outside of | 9 |
| this State in response to an out-of-state emergency;
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| (2) may impose administrative sanctions upon a | 11 |
| practitioner not licensed in this State for conduct in this | 12 |
| State in response to an in-state emergency; and
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| (3) shall report any administrative sanctions imposed | 14 |
| upon a practitioner licensed in another state to the | 15 |
| appropriate licensing board or other disciplinary
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| authority in any other state in which the practitioner is
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| known to be licensed.
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| (g) In determining whether to impose administrative | 19 |
| sanctions under subsection (f), a licensing board or other | 20 |
| disciplinary authority shall consider the circumstances in | 21 |
| which the conduct took place, including any exigent | 22 |
| circumstances, and the practitioner's scope of practice, | 23 |
| education, training, experience, and specialized skill.
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| Section 9. Relation to other laws.
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| (a) This Act does not limit rights, privileges, or |
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| immunities provided to volunteer health practitioners by laws | 2 |
| other than this Act. Except as otherwise provided in subsection
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| (b), this Act does not affect requirements for the use of | 4 |
| health practitioners pursuant to the Emergency Management | 5 |
| Assistance Compact.
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| (b) The Illinois Emergency Management Agency, pursuant to | 7 |
| any mutual aid compacts entered into by this State, may | 8 |
| incorporate into the emergency forces of this State volunteer | 9 |
| health practitioners who are not officers or employees of this | 10 |
| State, a political subdivision of this State, or a municipality | 11 |
| or other local government within this State.
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| Section 10. Regulatory authority. The Illinois Emergency | 13 |
| Management Agency may adopt rules to implement this Act. The | 14 |
| Illinois Emergency Management Agency shall consult with and | 15 |
| consider the recommendations of the entity established to | 16 |
| coordinate the implementation of any mutual aid compacts | 17 |
| entered into by this State and may also consult with and | 18 |
| consider rules adopted by similarly empowered agencies in other | 19 |
| states to promote uniformity of application of this Act and | 20 |
| make the emergency response systems in the various states | 21 |
| reasonably compatible. | 22 |
| Section 11. Workers' compensation coverage. A volunteer | 23 |
| health practitioner providing health or veterinary services | 24 |
| pursuant to this Act may be considered a volunteer in |
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| accordance with subsection (k) of Section 10 of the Illinois | 2 |
| Emergency Management Agency Act for the purposes of worker's | 3 |
| compensation coverage. | 4 |
| Section 12. Uniformity of application and construction. In | 5 |
| applying and construing this Uniform Act, consideration must be | 6 |
| given to the need to promote uniformity of the law with respect | 7 |
| to its subject matter among states that enact it.".
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