I
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 pe-
riod in which a public health emergency is in effect
in such Area.
Be it enacted by the Senate and House of Representa-
tives 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 ASSIST-
ANCE 
DURING 
PUBLIC 
HEALTH 
EMER-
GENCIES.
(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, notwith-
standing the law of the other Area State govern-
ments; 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 indif-
ference 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 gov-
ernment to the same extent and in the same manner
as such subsection would apply within the entire Na-
tional 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 por-
tion of the State of Virginia, pursuant to a quali-
fying declaration by the Governor of Virginia, sub-
section (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 pub-
lic 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 li-
cense issued by an Area State government to the
same extent and in the same manner as such sub-
section would apply within the entire National Cap-
ital 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 Vir-
ginia, or the Mayor of the District of Columbia,
as the case may be, that a public health emer-
gency is in effect is, for purposes of this sub-
section, a qualifying declaration if—
(i) before officially declaring such
emergency, such chief executive official no-
tifies 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 no-
tice, 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 SEC-
RETARY.—The Secretary of Health and Human
Services may, temporarily or otherwise, delegate
the functions of the Secretary under subpara-
graph (A) to the Assistant Secretary for Health
or any of the heads of the agencies of the Pub-
lic Health Service.
(5) 
RELATIONSHIP
BETWEEN
DECLARA-
TIONS.—With respect to the public health emergency
involved, a declaration by the President under sub-
section (a), including the period in which the emer-
gency is declared to be in effect, supersedes any dec-
laration 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 sen-
tence, the Secretary shall provide for an electronic data-
base for the verification system.
(b) CERTAIN CRITERIA.—The Secretary shall estab-
lish criteria regarding the verification system under sub-
section (a), including provisions regarding the promptness
and efficiency of the system in collecting, storing, updat-
ing, and disseminating information on the credentials, li-
censes, 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 volun-
teers described in subsection (a), and may carry out activi-
ties to encourage physicians to register with the system.
(d) OTHER ASSISTANCE.—The Secretary may make
grants and provide technical assistance to Area State gov-
ernments 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 require-
ments regarding the provision by the Area State govern-
ments 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 Cap-
ital Area.
(2) The term ‘‘Area State governments’’ means
the governments of the States of Maryland and Vir-
ginia and the government of the District of Colum-
bia.
(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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