[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4634 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4634
To establish certain legal waivers for physicians who provide
assistance in the National Capital Area during any period in which a
public health emergency is in effect in such Area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2002
Mrs. Morella (for herself, Mr. Duncan, and Mr. Wolf) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish certain legal waivers for physicians who provide
assistance in the National Capital Area during any period in which a
public health emergency is in effect in such Area.
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 ``National Capital Area Physician
Emergency Assistance Act''.
SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING
PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.
(a) Declaration by President.--If the President declares that a
public health emergency is in effect in the National Capital Area, then
during the period in which the emergency is in effect, any physician
who holds a valid medical license issued by an Area State government--
(1) may provide, in any part of such Area, health services
to victims of the emergency to the same extent as the physician
is authorized to provide health services within the
jurisdiction of the Area State government that issued the
license, notwithstanding the law of the other Area State
governments; and
(2) is not liable for any harm caused by any act or
omission of the physician in providing, in any part of such
Area, health services to victims of the emergency,
notwithstanding the law of any of the Area State governments,
unless the harm is caused by willful or criminal misconduct,
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of others.
(b) Declaration by Chief Executive Official of Area State
Government.--
(1) Maryland.--For any period during which a public health
emergency is in effect in an Area portion of the State of
Maryland, pursuant to a qualifying declaration by the Governor
of Maryland, subsection (a) applies to health services provided
within such Area portion by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(2) Virginia.--For any period during which a public health
emergency is in effect in an Area portion of the State of
Virginia, pursuant to a qualifying declaration by the Governor
of Virginia, subsection (a) applies to health services provided
within such Area portion by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(3) District of columbia.--For any period during which a
public health emergency is in effect in the District of
Columbia, pursuant to a qualifying declaration by the Mayor of
such District, subsection (a) applies to health services
provided within the District by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(4) Qualifying declaration.--
(A) In general.--A declaration by the Governor of
Maryland, the Governor of Virginia, or the Mayor of the
District of Columbia, as the case may be, that a public
health emergency is in effect is, for purposes of this
subsection, a qualifying declaration if--
(i) before officially declaring such
emergency, such chief executive official
notifies the Secretary of Health and
Human Services of the intent to officially declare the emergency; and
(ii) the Secretary does not, within 12
hours after such official provides the notice,
inform the official that the Secretary has
disapproved the declaration on the basis that
the Secretary has determined that the
declaration is not necessary to protect the
public health.
(B) Delegation of functions of secretary.--The
Secretary of Health and Human Services may, temporarily
or otherwise, delegate the functions of the Secretary
under subparagraph (A) to the Assistant Secretary for
Health or any of the heads of the agencies of the
Public Health Service.
(5) Relationship between declarations.--With respect to the
public health emergency involved, a declaration by the
President under subsection (a), including the period in which
the emergency is declared to be in effect, supersedes any
declaration under this subsection by the Governor of Maryland,
the Governor of Virginia, or the Mayor of the District of
Columbia.
SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF
CREDENTIALS OF PHYSICIAN VOLUNTEERS.
(a) In General.--The Secretary of Health and Human Services shall,
directly or through an award of a grant, contract, or cooperative
agreement, establish and maintain a system for verifying the
credentials, licenses, and hospital privileges of individuals who,
during a public health emergency in the National Capital Area or
portion thereof as declared under section 2, volunteer to serve in such
Area as physicians (referred to in this section as the ``verification
system''). In carrying out the preceding sentence, the Secretary shall
provide for an electronic database for the verification system.
(b) Certain Criteria.--The Secretary shall establish criteria
regarding the verification system under subsection (a), including
provisions regarding the promptness and efficiency of the system in
collecting, storing, updating, and disseminating information on the
credentials, licenses, accreditations, and hospital privileges of
volunteers described in subsection (a).
(c) Advance Registration of Volunteers.--In order to facilitate the
availability of physicians during a public health emergency in the
National Capital Area, the Secretary shall provide for the advance
registration with the system of physicians who are willing to serve as
volunteers described in subsection (a), and may carry out activities to
encourage physicians to register with the system.
(d) Other Assistance.--The Secretary may make grants and provide
technical assistance to Area State governments and other public or
nonprofit private entities for activities relating to the verification
system developed under subsection (a).
(e) Rule of Construction.--This section may not be construed as
authorizing the Secretary to issue requirements regarding the provision
by the Area State governments of credentials, licenses, accreditations,
or hospital privileges.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ``Area portion'' means the portion of the
State of Maryland or the State of Virginia, as the case may be,
that is within the National Capital Area.
(2) The term ``Area State governments'' means the
governments of the States of Maryland and Virginia and the
government of the District of Columbia.
(3) The term ``National Capital Area'' means--
(A) the District of Columbia;
(B) the counties of Montgomery and Prince George's
in the State of Maryland;
(C) the cities of Alexandria, Fairfax, Falls
Church, and Manassas in the State of Virginia, and the
counties of Arlington, Fairfax, Loudon, and Prince
William in such State; and
(D) such additional jurisdictions in the State of
Maryland or Virginia as the President may designate in
a declaration under subsection (a) that a public health
emergency is in effect.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
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