,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dgej  ,,in ,,the ,,house ,,of  
,,representatives  ,may #bh1 #bjad ,mr4 
,gingrey of ,georgia 7for himself and   
,mr4 ,cuellar7 introduced the following 
bill2 which was referred to the         
,committee on ,energy and ,commerce1 and
 in addition to the ,committee on the   
,judiciary1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to clarify the treatment of 
health care provider standards of care  
under ,federal health care provisions4  
#a4 ,short title ,this ,act may be cited
 as the ,standard of ,care ,protection  
,act of #bjad4  #b4 ,rule of            
construction regarding health care      
provider standards of care  7a7         
,maintenance of state standards ,the    
development1 recognition1 or            
implementation of any guideline or other
 standard under any ,federal health care

 provision shall not be construed--     
7#a7 to establish the standard of care  
or duty of care owed by a health care   
provider to a patient in any medical    
malpractice or medical product liability
 action or claim2 or  7#b7 to preempt   
any standard of care or duty of care1   
owed by a health care provider to a     
patient1 duly established under ,state  
or common law4  7b7 ,definitions ,for   
purposes of this ,act3  7#a7 ,federal   
health care provision ,the term ,federal
 health care provision means any        
provision of the ,patient ,protection   
and ,affordable ,care ,act 7,public ,law
 #aaa-adh71 title ,i or subtitle ,b of  
title ,,ii of the ,health ,care and     
,education ,reconciliation ,act of #bjaj
 7,public ,law #aaa-aeb71 or title      
,,xviii or ,,xix of the ,social         
,security ,act4  7#b7 ,health care      
provider ,the term health care provider 
means any individual or entity--  7,a7  
licensed1 registered1 or certified under
 ,federal or ,state laws or regulations 

to provide health care services2 or     
7,b7 required to be so licensed1        
registered1 or certified but that is    
exempted by other statute or regulation4
  7#c7 ,medical malpractice or medical  
product liability action or claim ,the  
term medical malpractice or medical     
product liability action or claim means 
a medical malpractice action or claim   
7as defined in section #dca7g7 of the   
,health ,care ,quality ,improvement ,act
 of #aihf 7#db ,u4,s4,c4 #aaaea7g777 and
 includes a liability action or claim   
relating to a health care provider's    
prescription or provision of a drug1    
device1 or biological product 7as such  
terms are defined in section #bja of the
 ,federal ,food1 ,drug1 and ,cosmetic   
,act or section #cea of the ,public     
,health ,service ,act74  7#d7 ,state    
,the term ,state includes the ,district 
of ,columbia1 ,puerto ,rico1 and any    
other commonwealth1 possession1 or      
territory of the ,united ,states4  #c4  
,preservation of ,state law ,no         

provision of the ,patient ,protection   
and ,affordable ,care ,act 7,public ,law
 #aaa-adh71 title ,i or subtitle ,b of  
title ,,ii of the ,health ,care and     
,education ,reconciliation ,act of #bjaj
 7,public ,law #aaa-aeb71 or title      
,,xviii or ,,xix of the ,social         
,security ,act shall be construed to    
preempt any ,state or common law        
governing medical professional or       
medical product liability actions or    
claims4