,,ii #aafth ,,congress #ast ,session ,s4 #acej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjai,mr4 ,cassidy 7for himself1 ,mr4 ,king1 ,mrs4 ,blackburn1 ,mrs4 ,shaheen1 ,mr4 ,cramer1 ,mr4 ,wicker1 ,ms4 ,murkowski1 and ,mr4 ,manchin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster4 #a4 ,short title ,this ,act may be cited as the ,good ,samaritan ,health ,professionals ,act of #bjai4 #b4 ,limitation on liability for volunteer health care professionals 7a7 ,in general ,title ,,ii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bjb et seq47 is amended by inserting after section #bbd the following3 #bbd;,a4 ,limitation on liability for volunteer health care professionals 7a7 ,limitation on liability ,except as provided in subsection 7b71 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 provision of health care services if-- 7#a7 the professional is serving1 for purposes of responding to a disaster1 as a volunteer2 and 7#b7 the act or omission occurs-- 7,a7 during the period of the disaster1 as determined under the laws listed in subsection 7d77#a72 7,b7 in the ,state or ,states for which the disaster is declared2 7,c7 in the health care professional's capacity as a volunteer2 7,d7 in the course of providing services that are within the scope of the license1 registration1 or certification of the volunteer1 as defined by the ,state of licensure1 registration1 or certification2 and 7,e7 in a good faith belief that the individual being treated is in need of health care services4 7b7 ,exceptions ,subsection 7a7 does not apply if-- 7#a7 the harm was caused by an act or omission constituting willful or criminal misconduct1 gross negligence1 reckless misconduct1 or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional2 or 7#b7 the health care professional rendered the health care services under the influence 7as determined pursuant to applicable ,state law7 of alcohol or an intoxicating drug4 7c7 ,preemption 7#a7 ,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 section1 unless such laws provide greater protection from liability4 7#b7 ,volunteer ,protection ,act ,protections afforded by this section are in addition to those provided by the ,volunteer ,protection ,act of #aiig4 7d7 ,definitions ,in this section3 7#a7 ,the term disaster means-- 7,a7 a national emergency declared by the ,president under the ,national ,emergencies ,act2 7,b7 an emergency or major disaster declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 or 7,c7 a public health emergency that is determined by the ,secretary under section #cai of this ,act with respect to one or more ,states specified in such determination-- 7i7 during only the initial period covered by such determination2 and 7ii7 excluding any period covered by a renewal of such determination4 7#b7 ,the term harm includes physical1 nonphysical1 economic1 and noneconomic losses4 7#c7 ,the term health care professional means an individual who is licensed1 registered1 or certified under ,federal or ,state law to provide health care services4 7#d7 ,the term health care services means any services provided by a health care professional1 or by any individual working under the supervision of a health care professional1 that relate to-- 7,a7 the diagnosis1 prevention1 or treatment of any human disease or impairment2 or 7,b7 the assessment or care of the health of a human being4 7#e7 ,the term ,state includes each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7#f7 7,a7 ,the term volunteer means a health care professional who1 with respect to the health care services rendered1 does not receive-- 7i7 compensation2 or 7ii7 any other thing of value in lieu of compensation1 in excess of #ejj per year4 7,b7 ,for purposes of subparagraph 7,a71 the term compensation-- 7i7 includes payment under any insurance policy or health plan1 or under any ,federal or ,state health benefits program2 and 7ii7 excludes-- 7,i7 reasonable reimbursement or allowance for expenses actually incurred2 7,,ii7 receipt of paid leave2 and 7,,iii7 receipt of items to be used exclusively for rendering the health services in the health care professional's capacity as a volunteer described in subsection 7a77#a74 4 7b7 ,effective date 7#a7 ,in general ,section #bbd;,a of the ,public ,health ,service ,act1 as added by subsection 7a71 shall take effect #ij days after the date of the enactment of this ,act4 7#b7 ,application ,section #bbd;,a of the ,public ,health ,service ,act1 as added by subsection 7a71 applies 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 7#a74 #c4 ,sense of the ,congress ,it is the sense of ,congress that-- 7#a7 health care professionals should be encouraged to register with the ,emergency ,system for ,advance ,registration of ,volunteer ,health ,professionals 7,,esar-,,vhp71 and ,states should employ online registration with the promptest processing possible of such registrations to foster the rapid deployment and utilization of volunteer health care professionals following a disaster2 7#b7 ,federal and ,state agencies and licensing boards should cooperate to facilitate the timely movement of properly licensed volunteer health care professionals to areas affected by a disaster2 and 7#c7 the appropriate licensing entities should verify the licenses of volunteer health care professionals serving disaster victims as soon as is reasonably practical following a disaster4