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42 U.S.C. § 235 — Health care professionals assisting during a public health emergency

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 235 — Health care professionals assisting during a public health emergency

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Source file: Laws/federal/codes/united-states-code/title-42/section-235-health-care-professionals-assisting-during-a-public-health-emergency--db6196b87b.md
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Source location: Title 42, Chapter 6A, § 235; chapter-6a-public-health-service.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-15&num=0&edition=prelim) or who is included in the Emergency System for Advance Registration of Volunteer Health Professionals under [section 247d–7b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-7b&num=0&edition=prelim) and who— (1) is responding— (A) to a public health emergency determined under [section 247d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim) or under [section 1621 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-7b&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-7b&num=0&edition=prelim) or the Medical Reserve Corps established under [section 300hh–15 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-15&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14501&num=0&edition=prelim) et seq.]. **(c) Preemption** 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).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14501 — Findings and purpose

**(a) Findings** The Congress finds and declares that— (1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; (4) because Federal funds are expended on useful and cost-effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation; (5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce; (6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and (7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because— (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits;

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14501

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1621 — Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register. **(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1621

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. **(b) Public Health Emergency Fund** (1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5170 — Procedure for declaration

**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. **(b) Indian tribal government requests** (1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 242f to 242j — Transferred

### Statutory Notes #### Codification Section 242f, act July 1, 1944, ch. 373, title III, § 308, as added July 12, 1960, Pub. L. 86–610, § 3, 74 Stat. 364, which related to international cooperation with respect to biomedical research and health services research and statistical activities, was renumbered section 307 of act July 1, 1944, by Pub. L. 93–353 and transferred to section 242l of this title. Section 242g, act July 1, 1944, ch. 373, title III, § 309, as added Sept. 8, 1960, Pub. L. 86–720, § 1(a), 74 Stat. 819; amended Aug. 27, 1964, Pub. L. 88–497, § 3, 78 Stat. 613; Nov. 3, 1966, Pub. L. 89–749, § 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90–147, §§ 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L. 90–490, title III, § 302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L. 91–208, §§ 1, 2, 84 Stat. 52; June 30, 1970, Pub. L. 91–296, title IV, § 401(b)(1)(B), 84 Stat. 352; June 18, 1973, Pub. L. 93–45, title I, § 104(b), (c), 87 Stat. 91, which related to graduate public health training grants, was renumbered section 313 of act July 1, 1944, by Pub. L. 93–353 and transferred to [section 245a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section245a&num=0&edition=prelim), and was subsequently repealed. Section 242h, act July 1, 1944, ch. 373, title III, § 310, as added Sept. 25, 1962, Pub. L. 87–692, 76 Stat. 592, and amended and renumbered, which related to health services for domestic agricultural migrants, was renumbered section 319 of act July 1, 1944, by Pub. L. 93–353, title I, § 102(d), July 23, 1974, 88 Stat. 362, transferred to [section 247d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim), and subsequently renumbered and transferred to [section 254b o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 242f to 242j

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 242s — Centers for Disease Control and Prevention Office of Women’s Health

**(a) Establishment** There is established within the Office of the Director of the Centers for Disease Control and Prevention, an office to be known as the Office of Women’s Health (referred to in this section as the “Office”). The Office shall be headed by a director who shall be appointed by the Director of such Centers. **(b) Purpose** The Director of the Office shall— (1) report to the Director of the Centers for Disease Control and Prevention on the current level of the Centers’ activity regarding women’s health conditions across, where appropriate, age, biological, sociocultural (including among American Indians, Native Hawaiians, and Alaska Natives), and geographical contexts, in all aspects of the Centers’ work, including prevention programs, public and professional education, services, and treatment; (2) establish short-range and long-range goals and objectives within the Centers for women’s health and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Centers that relate to prevention, research, education and training, service delivery, and policy development, for issues of particular concern to women; (3) identify projects in women’s health that should be conducted or supported by the Centers; (4) consult with health professionals, nongovernmental organizations, consumer organizations, women’s health professionals, and other individuals and groups, as appropriate, on the policy of the Centers with regard to women; and (5) serve as a member of the Department of Health and Human Services Coordinating Committee on Women’s Health (established under [section 237a(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section237a/b/4&num=0&edition=prelim)). **(c) Definition** A

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14501 — Findings and purpose

Page 8640 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14408 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. The District of Columbia Home Rule Act, referred to in text, is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. Title V of the Act was classified to the District of Columbia Code prior to repeal by Pub. L. 105–33, title XI, § 11601, Aug. 5, 1997, 111 Stat. 777. AMENDMENTS 1997—Pub. L. 105–33 substituted ‘‘District of Columbia Home Rule Act’’ for ‘‘District of Columbia Self-Govern- ment and Governmental Reorganization Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. § 14408. Relation to other laws The provisions of this chapter supersede other Federal laws (including laws enacted after April 30, 1997) except to the extent such laws specifi- cally supersede the provisions of this chapter. (Pub. L. 105–12, § 10, Apr. 30, 1997, 111 Stat. 29.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of thi

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14501

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 235 — Administration of grants in multigrant

Page 104 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 235 1 See References in Text note below. (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). (July 1, 1944, ch. 373, title II, § 225, as added Pub. L. 116–22, title II, § 208(a), June 24, 2019, 133 Stat. 927.) Editorial Notes REFERENCES IN TEXT The Volunteer Protection Act of 1997, referred to in subsec. (b), is Pub. L. 105–19, June 18, 1997, 111 Stat. 218, which is classified generally to chapter 139 (§ 14501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 14501 of this title and Tables. PRIOR PROVISIONS A former section 234, act July 1, 1944, ch. 373, title II, § 225, as added Oct. 27, 1972, Pub. L. 92–585, § 5, 86 Stat. 1293; amended Aug. 23, 1974, Pub. L. 93–385, § 1, 88 Stat. 741; Apr. 22, 1976, Pub. L. 94–278, title IX, § 901, 90 Stat. 415; Sept. 30, 1976, Pub. L. 94–437, title I, § 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L. 94–484, title I, § 101(t), 90 Stat. 2246, related to Public Health and National Health Service Corps Scholarship Training program, prior to repeal by Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977. Statutory Notes and Related Subsidiaries LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS DURING COVID–19 EMERGENCY RESPONSE Pub. L. 116–136, div. A, title III, § 3215, Mar. 27, 2020, 134 Stat. 374, provided that: ‘‘(a) LIMITATION ON LIABILITY.—Except as provided in subsection (b), a health care professional shall no

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 235

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