[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1822 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1822
To amend the Public Health Service Act to limit the liability of health
care professionals who volunteer to provide health care services in
response to a disaster.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2017
Mrs. Blackburn introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to limit the liability of health
care professionals who volunteer to provide health care services in
response to a disaster.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Health Professionals
Act of 2017''.
SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:
``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
if--
``(1) the professional is serving as a volunteer for
purposes of responding to a disaster; and
``(2) the act or omission occurs--
``(A) during the period of the disaster, as
determined under the laws listed in subsection (e)(1);
``(B) in the health care professional's capacity as
such a volunteer; and
``(C) in a good faith belief that the individual
being treated is in need of health care services.
``(b) Exceptions.--Subsection (a) does not apply if--
``(1) 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
``(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of intoxicating alcohol or an
intoxicating drug.
``(c) Standard of Proof.--In any civil action or proceeding against
a health care professional claiming that the limitation in subsection
(a) applies, the plaintiff shall have the burden of proving by clear
and convincing evidence the extent to which limitation does not apply.
``(d) Preemption.--
``(1) In general.--This section preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
``(2) Volunteer protection act.--Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997.
``(e) Definitions.--In this section:
``(1) The term `disaster' means--
``(A) a national emergency declared by the
President under the National Emergencies Act;
``(B) an emergency or major disaster declared by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; or
``(C) a public health emergency determined by the
Secretary under section 319 of this Act.
``(2) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(3) The term `health care professional' means an
individual who is licensed, certified, or authorized in one or
more States to practice a health care profession.
``(4) 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.
``(5)(A) The term `volunteer' means a health care
professional who, with respect to the health care services
rendered, does not receive--
``(i) compensation; or
``(ii) any other thing of value in lieu of
compensation, in excess of $500 per year.
``(B) For purposes of subparagraph (A), the term
`compensation'--
``(i) includes payment under any insurance policy
or health plan, or under any Federal or State health
benefits program; and
``(ii) excludes--
``(I) reasonable reimbursement or allowance
for expenses actually incurred;
``(II) receipt of paid leave; and
``(III) receipt of items to be used
exclusively for rendering the health services
in the health care professional's capacity as a
volunteer described in subsection (a)(1).''.
(b) Effective Date.--
(1) In general.--This Act and the amendment made by
subsection (a) shall take effect 90 days after the date of the
enactment of this Act.
(2) Application.--This Act applies to any claim for harm
caused by an act or omission of a health care professional
where the claim is filed on or after the effective date of this
Act, but only if the harm that is the subject of the claim or
the conduct that caused such harm occurred on or after such
effective date.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) 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
(2) 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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