Sec. 2133.28. definitions
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## Sec. 2133.28 definitions **[**300aa–33**]** For purposes of this subtitle: 28Paragraphs
(3)and
(5)above appear so as to reflect the probable intent of the Congress, and former paragraph
(7)has been struck to reflect such intent. Sections 1714, 1715, and 1716 of Public Law 107–296 (116 Stat. 2320, 2321) made amendments to section 2133 with respect to such paragraphs. Subsequently, section 102(a) of division L of Public Law 108–7 (117 Stat. 528) was enacted, and that section indicated the intent of the Congress to nullify those amendments. That section repealed sections 1714, 1715, and 1716 rather than directly amending paragraphs (3), (5), and (7). (That section also repealed section 1717, which related to effective dates.) Section 102(b) of Public Law 108–7 provided as follows: “**The Public Health Service Act (42 U.S.C. 201 et seq.) shall be applied and administered as if the sections repealed by subsection
(a)had never been enacted.**”. Consistent with that provision, section 2133 is shown above to reflect the assumption that repealing a provision of law that makes a change in an Act has the effect of amending that Act so as to undo the change. Section 102(c) of such Public Law provides as follows: “**No inference shall be drawn from the enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296), or from this repeal, regarding the law prior to enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296). Further, no inference shall be drawn that subsection
(a)or
(b)affects any change in that prior law, or that Leroy v. Secretary of Health and Human Services, Office of Special Master, No. 02-392V (October 11, 2002), was incorrectly decided.**”. ####
(1)The term “**health care provider**” means any licensed health care professional, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities) under whose authority a vaccine set forth in the Vaccine Injury Table is administered. ####
(2)The term “**legal representative**” means a parent or an individual who qualifies as a legal guardian under State law. ####
(3)The term “**manufacturer**” means any corporation, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities), which manufactures, imports, processes, or distributes under its label any vaccine set forth in the Vaccine Injury Table, except that, for purposes of section 2128, such term shall include the manufacturer of any other vaccine covered by that section. The term “**manufacture**” means to manufacture, import, process, or distribute a vaccine. ####
(4)The term “**significant aggravation**” means any change for the worse in a preexisting condition which results in markedly greater disability, pain, or illness accompanied by substantial deterioration of health. ####
(5)The term “**vaccine-related injury or death**” means an illness, injury, condition, or death associated with one or more of the vaccines set forth in the Vaccine Injury Table, except that the term does not include an illness, injury, condition, or death associated with an adulterant or contaminant intentionally added to such a vaccine. ####
(6)#####
(A)The term “**Advisory Commission on Childhood Vaccines**” means the Commission established under section 2119. #####
(B)The term “**Vaccine Injury Table**” means the table set out in section 2114.
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4 references not yet in our index
- Pub. L. 107-296
- 116 Stat. 2320
- Pub. L. 108-7
- 117 Stat. 528
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Sec. 2133.28
definitions
Pub. L.Pub. L. 107-296
Stat.116 Stat. 2320
Pub. L.Pub. L. 108-7
Stat.117 Stat. 528
Cites 5Cited by 0 across 0 sources