Sec. 209. Limitation on liability for volunteer health care professionals
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Title II of the Public Health Service Act is amended by inserting after section 224 ( 42 U.S.C. 233 ) the following new section: Except as provided in subsection (b), a health care professional serving, for purposes of responding to a disaster, as a volunteer shall not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provision of health care services if the act or omission occurs— during the period of the disaster; in the State or States for which the disaster is declared; while the health care professional is acting in the professional’s capacity as a volunteer; in the course of providing health care services that are within the scope of the license, registration, or certification of the volunteer, as defined by the State of licensure, registration, or certification; and while the health care professional is acting in a good faith belief that the individual being provided such health care services is in need of such health care services.
Subsection
(a)does not apply with respect to harm caused by an act or omission of a health care professional in the provision of health care services as described in such subsection if— the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or the health care professional provided such health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug. No State or political subdivision of a State may establish or continue in effect any laws relating to the liability for acts or omissions relating to the provision of health care services by health care professionals serving, for purposes of responding to a disaster, as volunteers that are inconsistent with this section, unless such laws provide greater protection from such liability. 1997 The protections from liability under this section are in addition to the protections from liability under the Volunteer Protection Act of 1997. In this section: The term disaster means— a national emergency declared by the President under the National Emergencies Act; an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or a public health emergency that is determined by the Secretary under section 319 of this Act with respect to one or more States specified in such determination— during only the initial period covered by such determination; and excluding any period covered by a renewal of such determination. The term harm includes physical, nonphysical, economic, and noneconomic losses. The term health care professional means an individual who is licensed, registered, or certified under Federal or State law to provide health care services. The term health care services means any services provided by a health care professional, or by any individual working under the supervision of a health care professional, that relate to— the diagnosis, prevention, or treatment of any human disease or impairment; or the assessment or care of the health of a human being. The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. The term volunteer means a health care professional who, in providing health care services in response to a disaster, does not receive— compensation; or any other thing of value in lieu of compensation, in excess of $500 per year. For purposes of subparagraph (A), the term compensation — includes payment under any insurance policy or health plan, or under any Federal health care program (as defined in section 1128B(f) of the Social Security Act) or State health benefits program; and excludes— reasonable reimbursement or allowance for expenses actually incurred; receipt of paid leave; and receipt of items to be used exclusively for providing the health care services referred to in subparagraph (A). . The amendment made by subsection
(a)shall apply with respect to claims for relief for which the act or omission giving rise to the claim occurred on or after the date that is 90 days after the date of the enactment of this Act. It is the sense of the Congress that— health care professionals should be encouraged, to register with the Emergency System for Advance Registration of Volunteer Health Professionals (ESARVHP), and States should employ online registration with the promptest processing possible of such registrations to foster the rapid deployment and utilization of volunteer health care professionals following a disaster; Federal and State agencies and licensing boards should cooperate to facilitate the timely movement of properly licensed volunteer health care professionals to areas affected by a disaster; and the appropriate licensing entities should verify the licenses of volunteer health care professionals serving disaster victims as soon as is reasonably practical following a disaster.
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Sec. 209
Limitation on liability for volunteer health care professionals
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