Volunteer health professionals (VHPs) are essential in emergencies to fill surge capacity and provide needed medical expertise. While some VHPs are well-organized and trained, others arrive spontaneously at the site of a disaster. Lacking organization, training, and identification, they may actually impede emergency efforts. Complications involving medical volunteers in New York City after September 11, 2001, led Congress to authorize federal authorities to assist states and territories in developing emergency systems for the advance registration of volunteer health professionals (ESARVHP). Through advance registration, volunteers can be vetted, trained, and mobilized more effectively during emergencies. The use of VHPs, however, raises multiple legal questions: What constitutes an emergency, how is it declared, and what are the consequences? When are volunteers liable for their actions? When may volunteers who are licensed or certified in one state legally practice their profession in another state? Are volunteers entitled to compensation for harms they incur? This article examines the legal framework underlying the registration and use of volunteers during emergencies and offers recommendations for legal reform, including: (1) establish minimum standards to facilitate interjurisdictional emergency response, improve coordination, and enhance reciprocity of licensing and credentialing; (2) develop liability provisions for VHPs that balance their need to respond without significant fear of civil liability with patients' rights to legal recourse for egregious harms; and (3) provide basic levels of protections for VHPs harmed, injured, or killed while responding to emergencies.
The public safety, human services, health, and relief workers who comprise the first wave of a response to natural or man-made disasters play a critical role in emergency preparedness. These first responders provide care and services in the immediate aftermath of emergencies and may remain in affected communities for weeks or months. They often work long hours under stressful conditions, witnessing the human harms, physical destruction, and psychological devastation that can accompany disasters.
The World Bank's Global HIV/AIDS Program of Action envisages strong World Bank support for the global response to HIV in several areas, including strengthening national strategies, accelerating implementation, and generating and sharing knowledge. This guide to the legal aspects of the pandemic ("the Guide") will help enhance the institution's contribution. The Guide is not intended only for World Bank staff. Indeed, those who can make the best use of the information collected in this work are national AIDS councils, government ministers, and civil servants responsible for guiding and implementing their country's response to the epidemic. Dealing successfully with HIV/AIDS cuts across almost all areas of government responsibility, and as the breadth of the 65 topics included in the Guide shows, there are many ways in which laws and regulations can either underpin or undermine good public health programs and responsible personal behaviors. The Guide indicates that statutes relating to many areas of human endeavor-from intimate private conduct to international travel-can contribute to stigma, discrimination, and exclusion or, contrariwise, can avoid and help remedy these inequities. Thus, in order to create a supportive legal framework it is important that governments identify and address effectively any gaps or other problematic aspects of their legislation and regulatory systems. Governments are not alone in this task. Many organizations stand ready to assist and, indeed, are already doing so. A prepublication copy of the Guide was circulated to all relevant organizations of the United Nations system as well as to nongovernmental organizations and individual reviewers. Many useful suggestions for improvement have been taken into account and are gratefully acknowledged. We hope that this Guide will prove of significant, practical use to governments and their many partners in the response to HIV.
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