Standards of Care During a Mass Casualty Standards of Care During a Mass Casualty Event: Interstate and Neighboring Event: Interstate and Neighboring

Community Cooperation and Coordination, Community Cooperation and Coordination, The Role of Uniform State LegislationThe Role of Uniform State Legislation

Institute of Medicine Regional WorkshopInstitute of Medicine Regional WorkshopApril 14, 2009April 14, 2009

Raymond P. PepeRaymond P. PepeK&L Gates LLPK&L Gates LLP

Barriers to Implementing Alternative Standards of Care Lack of Authority to Promulgate

Alternative Standards Civil Immunity Standards May Not

Recognize Alternative Standards and Apply to All Affected Practitioners

Scope of Practice Limitations May Impede Effective Responses

Barriers to Implementing Alternative Standards of Care State Laws May Impede Access to

Electronic Healthcare Records Insurance Coverage May Not Apply Licensing Restrictions May Impede

the Movement of Practitioners Needed to Create Surge Capacity

Differences in State Laws and Rules May Impede Coordination

Uniform Emergency Volunteer Health Practitioners Act Helps Remove Some of the

Barriers to Implementing Alternative Standards of Care

Provides a Model for Promoting Interstate Cooperation

Avoids the Need for Federal Preemption

What is NCCUSL?What is NCCUSL?

The National Conference of The National Conference of Commissioners on Uniform State Laws is:Commissioners on Uniform State Laws is:

The oldest state governmental The oldest state governmental organization in existence. Since 1892 it organization in existence. Since 1892 it has fulfilled a primary role in the U.S. for has fulfilled a primary role in the U.S. for the improvement of state law the improvement of state law

An organization of legal professionalsAn organization of legal professionals An organization of state officials An organization of state officials

devoted to improvement of state lawdevoted to improvement of state law

NCCUSL’s ValueNCCUSL’s Value

NCCUSL’s work reduces pressure for NCCUSL’s work reduces pressure for federal preemption due to inconsistent state federal preemption due to inconsistent state lawlaw

NCCUSL has helped preserve the federal NCCUSL has helped preserve the federal system crafted in Philadelphia over 200 system crafted in Philadelphia over 200 years agoyears ago

Uniform Acts enable PA to take advantage Uniform Acts enable PA to take advantage of judicial precedent established in multiple of judicial precedent established in multiple states interpreting the same legal provisionsstates interpreting the same legal provisions

MembershipMembership

The current membership consists of 315 The current membership consists of 315 lawyers, who fall generally into four lawyers, who fall generally into four categories:categories:

Private Practitioners - 193Private Practitioners - 193 Governmental Lawyers - 44Governmental Lawyers - 44 Judges - 28Judges - 28 Educators - 50Educators - 50

There are 32 legislators in NCCUSL, many There are 32 legislators in NCCUSL, many of whom are also private practitioners or of whom are also private practitioners or educators.educators.

AppointmentAppointment

• Each State determines the mode of Each State determines the mode of appointment. appointment.

• Representative of State Legislative Representative of State Legislative Reference Bureaus and Law Reform Reference Bureaus and Law Reform Commissions serve as ex officio Commissions serve as ex officio members. members.

The Work of The Work of CommissionersCommissioners

Commissioners represent their States, Commissioners represent their States, without compensationwithout compensation, by: , by: Serving on NCCUSL study, drafting and Serving on NCCUSL study, drafting and

other committeesother committeesRepresenting their State at the NCCUSL Representing their State at the NCCUSL

Annual MeetingAnnual MeetingCarrying Uniform and Model Acts back to Carrying Uniform and Model Acts back to

their States and working to assist the their States and working to assist the Legislature in its consideration.Legislature in its consideration.

Widely Enacted Uniform Acts Widely Enacted Uniform Acts Promulgated by the ULCPromulgated by the ULC Anatomical Gift Act (36 Anatomical Gift Act (36

states)states) Arbitration Act (49 states)Arbitration Act (49 states) Athletic Agents Act (38 Athletic Agents Act (38

states)states) Child Custody Jurisdiction Child Custody Jurisdiction

and Enforcement Act (48 and Enforcement Act (48 states)states)

Commercial Code (all Commercial Code (all states)states)

Conservation Easements Conservation Easements (24 states)(24 states)

Determination of Death Act Determination of Death Act (43 states)(43 states)

Electronic Transactions Act Electronic Transactions Act (48 states)(48 states)

Enforcement of Foreign Enforcement of Foreign Judgments (47 states)Judgments (47 states)

Environmental Covenants Environmental Covenants (28 states)(28 states)

Federal Lien Registration Federal Lien Registration Act (36 states)Act (36 states)

Fraudulent Transfers Act Fraudulent Transfers Act (44 states)(44 states)

Widely Enacted Uniform Acts Widely Enacted Uniform Acts Promulgated by the ULCPromulgated by the ULC Interstate Family

Support Act (all states)

Management of Institutional Funds Act (48 states)

Partnership Act (39 states)

Principle and Interest Act (43 states)

Prudent Investor Act (46 states)

Real Property Electronic Recording Act (20 states)

TOD Securities Registration Act (49 states)

Trade Secrets Act (46 states)

Transfer to Minors Act (49 states)

Trust Code (21 states)

Drafting Uniform and Model Drafting Uniform and Model Acts – Step 1Acts – Step 1 A proposal is submitted to the Scope A proposal is submitted to the Scope

and Program Committee, which and Program Committee, which reviews all proposals.reviews all proposals.

The Committee may recommend to The Committee may recommend to the NCCUSL Executive Committee a the NCCUSL Executive Committee a drafting project or further study. drafting project or further study.

Step 1 cont’dStep 1 cont’d

The Executive Committee may accept The Executive Committee may accept the recommendation of Scope & the recommendation of Scope & Program.Program.

If so, the President is authorized to If so, the President is authorized to appoint a drafting or study committee.appoint a drafting or study committee.

StandardsStandards

““the subject . . . shall be such that the subject . . . shall be such that uniformity of law among States will uniformity of law among States will produce significant benefits to the produce significant benefits to the public through improvements in the public through improvements in the law . . . or will avoid significant law . . . or will avoid significant disadvantages likely to arise from disadvantages likely to arise from diversity of state law…”diversity of state law…”

Step 2: The Drafting Step 2: The Drafting CommitteeCommittee

Drafting committee members are Drafting committee members are appointed by the NCCUSL President appointed by the NCCUSL President from among the commissioners. from among the commissioners.

A reporter is usually recruited for the A reporter is usually recruited for the drafting committee. Generally a scholar drafting committee. Generally a scholar with credentials in that area of law is with credentials in that area of law is recruited. recruited.

The American Bar Association appoints The American Bar Association appoints advisors by agreement between the ABA advisors by agreement between the ABA and NCCUSL.and NCCUSL.

Committee Work cont’dCommittee Work cont’d

Notices of meetings and drafts are sent Notices of meetings and drafts are sent to anyone on request.to anyone on request.

Those who do not desire to participate Those who do not desire to participate in meetings are invited to provide in meetings are invited to provide written commentary.written commentary.

The NCCUSL website maintains The NCCUSL website maintains calendars and allows committees to calendars and allows committees to establish bulletin boards and listserves.establish bulletin boards and listserves.

Committee Work cont’dCommittee Work cont’d

The Chair of each committee is in The Chair of each committee is in charge of the meeting. charge of the meeting.

Final Committee decisions are made by Final Committee decisions are made by committee members, but advisors and committee members, but advisors and observers actively participate.observers actively participate.

Written comments solicited and Written comments solicited and considered. considered.

Step 4: Annual Meeting Step 4: Annual Meeting Consideration of ActsConsideration of Acts 7 intensive days in July/August7 intensive days in July/August

Every drafting committee must read and Every drafting committee must read and defend its act before the entire body of defend its act before the entire body of uniform law commissioners during at least uniform law commissioners during at least two annual meetings.two annual meetings.

Once the body of commissioners is Once the body of commissioners is satisfied, the act is put to a vote by states satisfied, the act is put to a vote by states for final promulgation.for final promulgation.

Exceptional MeetingsExceptional Meetings

“ “ I have seen many deliberative bodies I have seen many deliberative bodies before and since, but in none were the before and since, but in none were the discussions of the same high quality.”discussions of the same high quality.”

William H. RehnquistWilliam H. Rehnquist

Chief Justice of the United States Chief Justice of the United States Supreme Supreme CourtCourt

NCCUSL Commissioner from NCCUSL Commissioner from 1963-691963-69

Final DisposalFinal Disposal

• No uniform or model act becomes law No uniform or model act becomes law until a state legislature enacts it and a until a state legislature enacts it and a state governor signs it. The Uniform Law state governor signs it. The Uniform Law Commissioners may propose, but the Commissioners may propose, but the state legislatures must dispose. state legislatures must dispose.

• Uniform Law Commissioners do not draft Uniform Law Commissioners do not draft legislation for Congress, and generally legislation for Congress, and generally oppose efforts to federalize subject areas in oppose efforts to federalize subject areas in which uniform and model acts are drafted.which uniform and model acts are drafted.

New Acts Being Developed or Considered Business

Ownership Reporting

Collaborative Law Collateral

Consequences of Convictions

Division of Income for Tax Purposes

Electronic Recording of Custodial Interrogations

Insurable Interests Held by Trusts

Marital and Premarital Agreements

Acts Being Developed or Considered Intestate Succession

for Children of Assisted Reproduction

Misuse of Genetic Information

Model State Administrative Procedures

Notarial Acts

Presidential Electors Regulation of

Charities Real Property

Transfer on Death Statutory Trusts Tenancy in Common

Partition Harmonization of

Business Entities

NCCUSL WebsiteNCCUSL Website

www.nccusl.org is the NCCUSL website. It contains:

• • organizational information; organizational information; • • current drafting committees; current drafting committees; • • press releases; press releases; • • legislative information and enactment legislative information and enactment

status of selected acts, updated regularly; status of selected acts, updated regularly; • • drafts of current projects and texts of most drafts of current projects and texts of most

final uniform acts, which can be final uniform acts, which can be downloaded. downloaded.

Uniform Emergency Volunteer Health Practitioners Act Robust System for Interstate

Recognition of Health Practitioner Licenses (supplements EMAC)

Extends Civil Immunity and Workers Compensation Benefits to Emergency Volunteers

Defines Permissible Interstate Scope of Practice

Uniform Emergency Volunteer Health Practitioners Act Permits Modifications to Scope of

Practice Enhances State Emergency

Management Authority Controls Spontaneous

Volunteerism Creates Interstate System for

Disciplinary Enforcement

Contact Information

Raymond P. PepePA CommissionerK&L Gates LLP17 North 2nd StreetHarrisburg, PA

17101717.231.5988Raymond.Pepe@KLGates.com

John A. SebertJohn A. Sebert

Executive DirectorExecutive Director

Suite 1010Suite 1010

111 N. Wabash Ave111 N. Wabash Ave

Chicago, IL 60602Chicago, IL 60602

312.450.6603312.450.6603john.sebert@nccusl.orgjohn.sebert@nccusl.org