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42 U.S.C. § 234 — Health care professionals assisting during

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42 U.S.C. § 234 — Health care professionals assisting during

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Page 103 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 234 note set out under section 201 of this title] is deemed to have taken effect immediately after the enactment of Public Law 107–251 [Oct. 26, 2002].’’ Pub. L. 108–20, § 3(j), Apr. 30, 2003, 117 Stat. 649, pro- vided that: ‘‘This section [amending this section] shall take effect as of November 25, 2002.’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–299, § 5, Oct. 11, 1996, 110 Stat. 3645, as amended by Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 521], Sept. 30, 1996, 110 Stat. 3009–233, 3009–275, pro- vided that: ‘‘This Act [enacting sections 254b and 254c of this title, amending this section and sections 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 201 and 254b of this title] and the amendments made by this Act shall become effective on October 1, 1996.’’ [Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 521], Sept. 30, 1996, 110 Stat. 3009–233, 3009–275, provided that the amendment made by that section is effective on the day after Oct. 11, 1996.] EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–73, § 5(c), Dec. 26, 1995, 109 Stat. 779, pro- vided that: ‘‘If, on the day before the date of the enact- ment of this Act [Dec. 26, 1995], an entity was deemed to be an employee of the Public Health Service for pur- poses of section 224(g) of the Public Health Service Act [42 U.S.C. 233(g)], the condition under paragraph (1)(D) of such section (as added by subsection (a) of this sec- tion) that an application be approved with respect to the entity does not apply until the expiration of the 180-day period beginning on such date.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–501, § 6, Oct. 24, 1992, 106 Stat. 3272, pro- vided that: ‘‘The amendments made by this Act [amending this section] shall take effect on the date of the enactment of this Act [Oct. 24, 1992].’’ REPORT ON RISK EXPOSURE OF COVERED ENTITIES Pub. L. 102–501, § 5, Oct. 24, 1992, 106 Stat. 3271, pro- vided that the Attorney General, by Apr. 1, 1995, and in consultation with the Secretary of Health and Human Services, was to submit a report to Congress on the medical malpractice liability claims experience of enti- ties subject to subsec. (g) of this section, including their risk exposure and the effect of liability protec- tions on costs incurred. § 234. Health care professionals assisting during a public health emergency (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 deter- mined under section 247d(a) of this title, dur- ing the initial period of not more than 90 days (as determined by the Secretary) of the public health emergency determination (ex- cluding 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 omis- sion— (A) during the initial period of a deter- mination or declaration described in para- graph (1) and related to the treatment of in- dividuals in need of health care services due to such public health emergency, major dis- aster, or emergency; (B) in the State or States for which such determination or declaration is made; (C) in the health care professional’s capac- ity as a member of the Medical Reserve Corps or a professional included in the Emergency System for Advance Registra- tion 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, registra- tion, or certification of the professional, as defined by the State of licensure, registra- tion, or certification; and (3) prior to the rendering of such act or omission, was authorized by the State’s au- thorization of deploying such State’s Emer- gency System for Advance Registration of Volunteer Health Professionals described in section 247d–7b of this title or the Medical Re- serve 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 oc- curred, in the same manner and to the same ex- tent 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 indi- vidual. (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.]. (c) Preemption This section shall supersede the laws of any State that would subject a health care profes- sional described in subsection (a) to the liability laws of any State other than the State liability laws to which such individual is subject pursu- ant 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 regu- lations to provide health care services. (2) The term ‘‘health care services’’ means any services provided by a health care profes- sional, 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. 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 not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provi- sion of health care services during the public health emergency with respect to COVID–19 declared by the Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, if— ‘‘(1) the professional is providing health care serv- ices in response to such public health emergency, as a volunteer; and ‘‘(2) the act or omission occurs— ‘‘(A) in the course of providing health care serv- ices; ‘‘(B) in the health care professional’s capacity as a volunteer; ‘‘(C) in the course of providing health care serv- ices that— ‘‘(i) are within the scope of the license, registra- tion, or certification of the volunteer, as defined by the State of licensure, registration, or certifi- cation; and ‘‘(ii) do not exceed the scope of license, registra- tion, or certification of a substantially similar health professional in the State in which such act or omission occurs; and ‘‘(D) 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 con- stituting willful or criminal misconduct, gross neg- ligence, 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 deter- mined pursuant to applicable State law) of alcohol or an intoxicating drug. ‘‘(c) 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 sec- tion, unless such laws provide greater protection from liability. ‘‘(2) VOLUNTEER PROTECTION ACT.—Protections af- forded by this section are in addition to those pro- vided by the Volunteer Protection Act of 1997 (Public Law 105–19) [42 U.S.C. 14501 et seq.]. ‘‘(d) DEFINITIONS.—In this section— ‘‘(1) the term ‘harm’ includes physical, nonphysical, economic, and noneconomic losses; ‘‘(2) the term ‘health care professional’ means an individual who is licensed, registered, or certified under Federal or State law to provide health care services; ‘‘(3) the term ‘health care services’ means any serv- ices 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 COVID–19; or ‘‘(B) the assessment or care of the health of a human being related to an actual or suspected case of COVID–19; and ‘‘(4) the term ‘volunteer’ means a health care pro- fessional who, with respect to the health care serv- ices rendered, does not receive compensation or any other thing of value in lieu of compensation, which compensation— ‘‘(A) includes a payment under any insurance pol- icy or health plan, or under any Federal or State health benefits program; and ‘‘(B) excludes— ‘‘(i) receipt of items to be used exclusively for rendering health care services in the health care professional’s capacity as a volunteer described in subsection (a)(1); and ‘‘(ii) any reimbursement for travel to the site where the volunteer services are rendered and any payments in cash or kind to cover room and board, if services are being rendered more than 75 miles from the volunteer’s principal place of resi- dence. ‘‘(e) EFFECTIVE DATE.—This section shall take effect upon the date of enactment of this Act [Mar. 27, 2020], and applies to a claim for harm only if the act or omis- sion that caused such harm occurred on or after the date of enactment. ‘‘(f) SUNSET.—This section shall be in effect only for the length of the public health emergency declared by the Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020 with respect to COVID–19.’’ § 235. Administration of grants in multigrant projects; promulgation of regulations For the purpose of facilitating the administra- tion of, and expediting the carrying out of the purposes of, the programs established by sub- chapters V, VI, and VII,1 and sections 242b, 246(a), 246(b), 246(c), 246(d),1 and 246(e) 1 of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is au- thorized to promulgate regulations— (1) under which the administrative functions under such programs with respect to such

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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;

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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

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

42 U.S.C. § 233 — National Institute of Mental Health; authorization of appropriation; construction; location

There is authorized to be appropriated a sum not to exceed $7,500,000 for the erection and equipment, for the use of the Public Health Service in carrying out the provisions of this Act, of suitable and adequate hospital buildings and facilities, including necessary living quarters for personnel, and of suitable and adequate laboratory buildings and facilities, and such buildings and facilities shall be known as the National Institute of Mental Health. The Administrator of General Services is authorized to acquire, by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites, selected on the advice of the Surgeon General of the Public Health Service, in or near the District of Columbia for such buildings and facilities, and to erect thereon, furnish, and equip such buildings and facilities. The amount authorized to be appropriated in this section shall include the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work: Provided, That the Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction.

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42 U.S.C. § 233 — Civil actions or proceedings against com-

Page 92 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 233 other administrative expenses incident to the work: Provided, That the Administrator of Gen- eral Services shall prepare the plans and speci- fications, make all necessary contracts, and su- pervise construction. (July 3, 1946, ch. 538, § 11, 60 Stat. 425; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act July 3, 1946, ch. 538, 60 Stat. 421, known as the National Mental Health Act, which enacted sections 232 and 242a of this title, amended sections 201, 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacted provisions set out as notes under section 201 of this title. For complete classifica- tion of this Act to the Code, see Short Title of 1946 Amendment note set out under section 201 of this title and Tables. CODIFICATION Section was enacted as a part of the National Mental Health Act, and not as a part of the Public Health Service Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agen- cies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Both Fed- eral Works Agency and office of Federal Works Admin- istrator abolished by section 103(b) of that act. See His- torical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of T

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

42 U.S.C. § 234 — Civil actions or proceedings against commissioned officers or employees

**(a) Exclusiveness of remedy** The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under [section 1346(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. **(b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the pr

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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

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

Page 228 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 247c–2 which the delivery of services under sub- section (a) may be improved. The Secretary may make such grants only to grantees under such subsection and to public and nonprofit private entities that are carrying out pro- grams substantially similar to programs car- ried out under such subsection. (2) Authorization of appropriations For the purpose of carrying out paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 through 1998. (July 1, 1944, ch. 373, title III, § 318A, as added Pub. L. 102–531, title III, § 304, Oct. 27, 1992, 106 Stat. 3490; amended Pub. L. 103–43, title XX, § 2008(i)(1)(B)(ii), June 10, 1993, 107 Stat. 212; Pub. L. 103–183, title IV, § 402, Dec. 14, 1993, 107 Stat. 2236; Pub. L. 107–251, title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108–163, § 2(m)(1), Dec. 6, 2003, 117 Stat. 2023.) Editorial Notes REFERENCES IN TEXT The reference to section 254b of this title the first place appearing, referred to in subsec. (e), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (§ 254b et seq.) of part D of this subchapter by Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626. Section 256a of this title, referred to in subsec. (e), was repealed by Pub. L. 104–299, § 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. AMENDMENTS 2003—Subsec. (e). Pub. L. 108–163 substituted ‘‘254b’’ for ‘‘254c, 254b(h)’’ before ‘‘, 256a’’. 2002—Subsec. (e). Pub. L. 107–251 substituted ‘‘254b(h)’’ for ‘‘256’’. 1993—Pub. L. 103–43 made technical amendment to di- rectory language of Pub. L. 102–531, § 304, which enacted this section. Subs

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