II 

113TH CONGRESS 

1ST SESSION S. 1769 

To limit the establishment of certain standards of care or duties of care 

owed by health care providers to patients in any medical malpractice 

or medical product liability action or claim. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2013 

Mr. TOOMEY (for himself and Mr. CARPER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To limit the establishment of certain standards of care or 

duties of care owed by health care providers to patients 

in any medical malpractice or medical product liability 

action or claim. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Standard of Care Pro5 tection Act’’. 


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•S 1769 IS

1 SEC. 2. RULE OF CONSTRUCTION REGARDING HEALTH 

2 CARE PROVIDER STANDARDS OF CARE. 

3 (a) IN GENERAL.—The development, recognition, or 

4 implementation of any guideline or other standard under 

5 any Federal health care provision shall not be construed 

6 to establish the standard of care or duty of care owed by 

7 a health care provider to a patient in any medical mal8 practice or medical product liability action or claim. 

9 (b) DEFINITIONS.—For purposes of this section: 

10 (1) FEDERAL HEALTH CARE PROVISION.—The 

11 term ‘‘Federal health care provision’’ means any 

12 provision of the Patient Protection and Affordable 

13 Care Act (Public Law 111–148), title I and subtitle 

14 B of title III of the Health Care and Education Rec15 onciliation Act of 2010 (Public Law 111–152), and 

16 titles XVIII and XIX of the Social Security Act (42 

17 U.S.C. 1395 et seq. and 1396 et seq.). 

18 (2) HEALTH CARE PROVIDER.—The term 

19 ‘‘health care provider’’ means any individual or enti20 ty— 

21 (A) licensed, registered, or certified under 

22 Federal or State laws or regulations to provide 

23 health care services; or 

24 (B) required to be so licensed, registered, 

25 or certified but that is exempted by other law 

26 or regulation. 


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•S 1769 IS

1 (3) MEDICAL MALPRACTICE OR MEDICAL PROD2 UCT LIABILITY ACTION OR CLAIM.—The term ‘‘med3 ical malpractice or medical product liability action or 

4 claim’’ means a medical malpractice action or claim 

5 (as defined in section 431(7) of the Health Care 

6 Quality Improvement Act of 1986 (42 U.S.C. 

7 11151(7))) and includes a liability action or claim 

8 relating to a health care provider’s prescription or 

9 provision of a drug, device, or biological product (as 

10 such terms are defined in section 201 of the Federal 

11 Food, Drug, and Cosmetic Act (21 U.S.C. 321) or 

12 section 351 of the Public Health Service Act (42 

13 U.S.C. 262)). 

14 (4) STATE.—The term ‘‘State’’ includes the 50 

15 States, the District of Columbia, Puerto Rico, and 

16 any other commonwealth, possession, or territory of 

17 the United States. 

18 (c) NO PREEMPTION.—No provision of the Patient 

19 Protection and Affordable Care Act (Public Law 111– 

20 148), title I or subtitle B of title III of the Health Care 

21 and Education Reconciliation Act of 2010 (Public Law 

22 111–152), or title XVIII or XIX of the Social Security 

23 Act (42 U.S.C. 1395 et seq. and 1396 et seq.) shall be 

24 construed to preempt any State or common law governing 


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•S 1769 IS

1 medical malpractice or medical product liability actions or 

2 claims. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS