42 U.S.C. § 234 — Health care professionals assisting during a public health emergency

submitted 82 years ago by Pub. L. 116-22 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 591 words · no verdicts yet

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This law protects volunteer health workers who respond to a public health emergency or disaster. If they registered in advance and stayed within their license, only the laws of the state where they worked apply to them. It took effect 90 days after June 24, 2019, and covers only harm from acts after that date.

(a) Limitation on liability: A health care professional who belongs to the Medical Reserve Corps or is signed up in the Emergency System for Advance Registration of Volunteer Health Professionals gets special protection if three things are all true. First, they must be responding either to a public health emergency, during the first 90 days the Secretary allows (not counting any renewal), or to a disaster or emergency the President declared, during its first period. Second, someone must claim they did something wrong while treating people because of that emergency, in the state where it was declared, while acting as a Medical Reserve Corps member or registered volunteer, and while staying within what their license allows. Third, before they acted, the state must already have activated its volunteer registration system or Medical Reserve Corps to provide care. If all of this is true, the only liability laws that apply to the professional are the laws of the state where the act happened - the same laws that would apply to a local resident doing the same job. The one exception: this protection does not cover rules about licensing, registration, or certification. (b) Volunteer Protection Act: This section does not take away any protection a person already has under the Volunteer Protection Act of 1997. (c) Preemption: This section overrides any other state's liability laws that might otherwise apply, so only the state described in (a) can hold the professional liable. (d) Definitions: "Health care professional" means someone licensed, registered, or certified under federal or state law to provide health care services. "Health care services" means anything that professional, or someone working under their supervision, does to diagnose, prevent, or treat human disease or impairment, or to assess or care for a person's health. (e) Effective date: The law started 90 days after June 24, 2019. It only applies to a harm claim if the act or failure to act that caused the harm happened on or after that start date.

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

(a) Limitation on liability

Notwithstanding any other provision of law, a health care professional who is a member of the Medical Reserve Corps under section 300hh–15 of this title or who is included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 247d–7b of this title and who—

(1)

is responding—

(A)

to a public health emergency determined under section 247d(a) of this title, during the initial period of not more than 90 days (as determined by the Secretary) of the public health emergency determination (excluding any period covered by a renewal of such determination); or

(B)

to a major disaster or an emergency as declared by the President under section 5170 of this title or under section 1621 of title 50 during the initial period of such declaration;

(2)

is alleged to be liable for an act or omission—

(A)

during the initial period of a determination or declaration described in paragraph (1) and related to the treatment of individuals in need of health care services due to such public health emergency, major disaster, or emergency;

(B)

in the State or States for which such determination or declaration is made;

(C)

in the health care professional’s capacity as a member of the Medical Reserve Corps or a professional included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 247d–7b of this title; and

(D)

in the course of providing services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; and

(3)

prior to the rendering of such act or omission, was authorized by the State’s authorization of deploying such State’s Emergency System for Advance Registration of Volunteer Health Professionals described in section 247d–7b of this title or the Medical Reserve Corps established under section 300hh–15 of this title, to provide health care services,

shall be subject only to the State liability laws of the State in which such act or omission occurred, in the same manner and to the same extent as a similar health care professional who is a resident of such State would be subject to such State laws, except with respect to the licensure, registration, and certification of such individual.

(b) Volunteer Protection Act

Nothing in this section shall be construed to affect an individual’s right to protections under the Volunteer Protection Act of 1997 [42 U.S.C. 14501 et seq.].

This section shall supersede the laws of any State that would subject a health care professional described in subsection (a) to the liability laws of any State other than the State liability laws to which such individual is subject pursuant to such subsection.

(d) Definitions

In this section:

(1)

The term “health care professional” means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services.

(2)

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—

(A)

the diagnosis, prevention, or treatment of any human disease or impairment; or

(B)

the assessment or care of the health of human beings.

(e) Effective date

(1) In general

This section shall take effect 90 days after June 24, 2019.

(2) Application

This section shall apply to a claim for harm only if the act or omission that caused such harm occurred on or after the effective date described in paragraph (1).

Source credit: (July 1, 1944, ch. 373, title II, § 225, as added Pub. L. 116–22, title II, § 208(a), June 24, 2019, 133 Stat. 927.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 116-22 · 133 Stat. 927

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-22 on 1944-07-01.

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