42 U.S.C. § 239 — General provisions

submitted 82 years ago by Pub. L. 108-20 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 626 words · no verdicts yet

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This law defines terms for a smallpox vaccination compensation program, covering who counts as a 'covered individual' and what counts as a 'covered injury.' It also requires that vaccination plans be voluntary, with education, screening, and medical follow-up for participants.

(a) Definitions: For this part, "covered countermeasure" means whatever the Secretary's Declaration under section 233(p) of this title names as a covered countermeasure. "Covered individual" means someone who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, or other public safety or support personnel for those jobs; who is or will serve in an approved state, local, or Department of Health and Human Services smallpox response plan; who volunteered and was chosen for that plan before the Secretary publicly announced an active smallpox case; and who got the smallpox vaccine under that plan during the Declaration's effective period, including the part of that period before April 30, 2003. "Covered injury" means an injury, disability, illness, condition, or death, other than a minor injury like minor scarring, determined under section 239a's process to directly result from either getting a covered countermeasure during the Declaration's effective period, or accidentally catching vaccinia, if that happened during the Declaration's effective period or within 30 days after, the person was not themselves vaccinated, and they had been in contact with a covered individual, or with someone accidentally infected by one. "Declaration" means the specific smallpox countermeasures declaration the Secretary issued on January 24, 2003. "Effective period of the Declaration" means the period the Declaration itself sets, unless the Secretary extends it. "Eligible individual" means, as determined under section 239a, either a covered individual with a covered injury from getting the vaccine, or anyone with a covered injury from accidental exposure. "Smallpox emergency response plan" means a plan for what to do to prepare for a possible smallpox emergency, before any active case is identified. (b) Voluntary program: The Secretary must make sure any approved state, local, or Department of Health and Human Services vaccination plan sets up procedures, consistent with the Declaration and Centers for Disease Control and Prevention guidance, so that: participants are told about contraindications, that the program is voluntary, and what benefits and compensation might be available; participants get voluntary screening for health conditions that would make vaccination risky; and there is proper medical follow-up after vaccination, including evaluating possible side effects and quickly referring or informing anyone who needs care.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

For purposes of this part:

(1) Covered countermeasure

The term “covered countermeasure” means a covered countermeasure as specified in a Declaration made pursuant to section 233(p) of this title.

(2) Covered individual

The term “covered individual” means an individual—

(A)

who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities 1;

(B)

who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary;

(C)

who has volunteered and been selected to be a member of a smallpox emergency response plan described in subparagraph (B) prior to the time at which the Secretary publicly announces that an active case of smallpox has been identified either within or outside of the United States; and

(D)

to whom a smallpox vaccine is administered pursuant to such approved plan during the effective period of the Declaration (including the portion of such period before April 30, 2003).

(3) Covered injury

The term “covered injury” means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under section 239a of this title, to have been sustained by an individual as the direct result of—

(A)

administration to the individual of a covered countermeasure during the effective period of the Declaration; or

(B)

accidental vaccinia inoculation of the individual in circumstances in which—

(i)

the vaccinia is contracted during the effective period of the Declaration or within 30 days after the end of such period;

(ii)

smallpox vaccine has not been administered to the individual; and

(iii)

the individual has been in contact with an individual who is (or who was accidentally inoculated by) a covered individual.

(4) Declaration

The term “Declaration” means the Declaration Regarding Administration of Smallpox Countermeasures issued by the Secretary on January 24, 2003, and published in the Federal Register on January 28, 2003.

(5) Effective period of the Declaration

The term “effective period of the Declaration” means the effective period specified in the Declaration, unless extended by the Secretary.

(6) Eligible individual

The term “eligible individual” means an individual who is (as determined in accordance with section 239a of this title)—

(A)

a covered individual who sustains a covered injury in the manner described in paragraph (3)(A); or

(B)

an individual who sustains a covered injury in the manner described in paragraph (3)(B).

(7) Smallpox emergency response plan

The term “smallpox emergency response plan” or “plan” means a response plan detailing actions to be taken in preparation for a possible smallpox-related emergency during the period prior to the identification of an active case of smallpox either within or outside the United States.

(b) Voluntary program

The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to vaccinate individuals that is approved by the Secretary establishes procedures to ensure, consistent with the Declaration and any applicable guidelines of the Centers for Disease Control and Prevention, that—

(1)

potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part;

(2)

there is voluntary screening provided to potential participants that can identify health conditions relevant to contraindications; and

(3)

there is appropriate post-inoculation medical surveillance that includes an evaluation of adverse health effects that may reasonably appear to be due to such vaccine and prompt referral of, or the provision of appropriate information to, any individual requiring health care as a result of such adverse health event.

Source credit: (July 1, 1944, ch. 373, title II, § 261, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 638.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 108-20 · 117 Stat. 638

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-20 on 1944-07-01.

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