[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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