I 
112TH CONGRESS 
1ST SESSION H. R. 3586 
To amend the Public Health Service Act to limit the liability of health 
care professionals who volunteer to provide health care services in re-
sponse to a disaster. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2011 
Mr. STEARNS (for himself and Mr. MATHESON) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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 disaster. 
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 ‘‘Good Samaritan 
Health Professionals Act of 2011’’. 
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SEC. 
2. 
LIMITATION 
ON 
LIABILITY 
FOR 
VOLUNTEER 
HEALTH CARE PROFESSIONALS. 
(a) IN GENERAL.—Title II of the Public Health Serv-
ice Act (42 U.S.C. 202 et seq.) is amended by inserting 
after section 224 the following: 
‘‘SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER 
HEALTH CARE PROFESSIONALS. 
‘‘(a) LIMITATION ON LIABILITY.—Except as provided 
in subsection (b), 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 if— 
‘‘(1) the professional is serving as a volunteer 
for purposes of responding to a disaster; and 
‘‘(2) the act or omission occurs— 
‘‘(A) during the period of the disaster, as 
determined under the laws listed in subsection 
(e)(1); 
‘‘(B) in the health care professional’s ca-
pacity as such a volunteer; and 
‘‘(C) in a good faith belief that the indi-
vidual being treated is in need of health care 
services. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply 
if— 
‘‘(1) the harm was caused by an act or omission 
constituting willful or criminal misconduct, gross 
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negligence, reckless misconduct, or a conscious fla-
grant indifference to the rights or safety of the indi-
vidual harmed by the health care professional; or 
‘‘(2) the health care professional rendered the 
health care services under the influence (as deter-
mined pursuant to applicable State law) of intoxi-
cating alcohol or an intoxicating drug. 
‘‘(c) STANDARD OF PROOF.—In any civil action or 
proceeding against a health care professional claiming that 
the limitation in subsection (a) applies, the plaintiff shall 
have the burden of proving by clear and convincing evi-
dence the extent to which limitation does not apply. 
‘‘(d) PREEMPTION.— 
‘‘(1) 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 section, unless such laws provide greater protec-
tion from liability. 
‘‘(2) VOLUNTEER
PROTECTION
ACT.—Protec-
tions afforded by this section are in addition to those 
provided by the Volunteer Protection Act of 1997. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘disaster’ means— 
‘‘(A) a national emergency declared by the 
President under the National Emergencies Act; 
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‘‘(B) an emergency or major disaster de-
clared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act; or 
‘‘(C) a public health emergency determined 
by the Secretary under section 319 of this Act. 
‘‘(2) The term ‘harm’ includes physical, non-
physical, economic, and noneconomic losses. 
‘‘(3) The term ‘health care professional’ means 
an individual who is licensed, certified, or authorized 
in one or more States to practice a health care pro-
fession. 
‘‘(4) The term ‘State’ includes each of the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Northern Mariana Islands, 
and any other territory or possession of the United 
States. 
‘‘(5)(A) The term ‘volunteer’ means a health 
care professional who, with respect to the health 
care services rendered, does not receive— 
‘‘(i) compensation; or 
‘‘(ii) any other thing of value in lieu 
of compensation, in excess of $500 per 
year. 
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