IB 
Union Calendar No. 352 
111TH CONGRESS 
2D SESSION 
H. R. 1745 
[Report No. 111–607] 
To amend the Public Health Service Act to provide liability protections 
for volunteer practitioners at health centers under section 330 of such Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2009 
Mr. TIM MURPHY of Pennsylvania (for himself and Mr. GENE GREEN of 
Texas) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
SEPTEMBER 16, 2010 
Additional sponsors: Mr. FORTENBERRY and Mr. GINGREY of Georgia 
SEPTEMBER 16, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 26, 2009] 
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A BILL 
To amend the Public Health Service Act to provide liability 
protections for volunteer practitioners at health centers 
under section 330 of such Act. 
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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 ‘‘Family Health Care 
Accessibility Act of 2010’’. 
SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFES-
SIONAL 
VOLUNTEERS 
AT 
COMMUNITY 
HEALTH CENTERS. 
Section 224 of the Public Health Service Act (42 
U.S.C. 233) is amended by adding at the end the following: 
‘‘(q)(1) For purposes of this section, a health profes-
sional volunteer at an entity described in subsection (g)(4) 
shall, in providing a health professional service eligible for 
funding under section 330 to an individual, be deemed to 
be an employee of the Public Health Service for a calendar 
year that begins during a fiscal year for which a transfer 
was made under paragraph (4)(C). The preceding sentence 
is subject to the provisions of this subsection. 
‘‘(2) In providing a health service to an individual, 
a health care practitioner shall for purposes of this sub-
section be considered to be a health professional volunteer 
at an entity described in subsection (g)(4) if the following 
conditions are met: 
‘‘(A) The service is provided to the individual at 
the facilities of an entity described in subsection 
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(g)(4), or through offsite programs or events carried 
out by the entity. 
‘‘(B) The entity is sponsoring the health care 
practitioner pursuant to paragraph (3)(B). 
‘‘(C) The health care practitioner does not receive 
any compensation for the service from the individual 
or from any third-party payer (including reimburse-
ment under any insurance policy or health plan, or 
under any Federal or State health benefits program), 
except that the health care practitioner may receive 
repayment from the entity described in subsection 
(g)(4) for reasonable expenses incurred by the health 
care practitioner in the provision of the service to the 
individual. 
‘‘(D) Before the service is provided, the health 
care practitioner or the entity described in subsection 
(g)(4) posts a clear and conspicuous notice at the site 
where the service is provided of the extent to which the 
legal liability of the health care practitioner is lim-
ited pursuant to this subsection. 
‘‘(E) At the time the service is provided, the 
health care practitioner is licensed or certified in ac-
cordance with applicable law regarding the provision 
of the service. 
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‘‘(3) Subsection (g) (other than paragraphs (3) and 
(5)) and subsections (h), (i), and (l) apply to a health care 
practitioner for purposes of this subsection to the same ex-
tent and in the same manner as such subsections apply to 
an officer, governing board member, employee, or contractor 
of an entity described in subsection (g)(4), subject to para-
graph (4) and subject to the following: 
‘‘(A) The first sentence of paragraph (1) applies 
in lieu of the first sentence of subsection (g)(1)(A). 
‘‘(B) With respect to an entity described in sub-
section (g)(4), a health care practitioner is not a 
health professional volunteer at such entity unless the 
entity sponsors the health care practitioner. For pur-
poses of this subsection, the entity shall be considered 
to be sponsoring the health care practitioner if— 
‘‘(i) with respect to the health care practi-
tioner, the entity submits to the Secretary an ap-
plication meeting the requirements of subsection 
(g)(1)(D); and 
‘‘(ii) the Secretary, pursuant to subsection 
(g)(1)(E), determines that the health care practi-
tioner is deemed to be an employee of the Public 
Health Service. 
‘‘(C) In the case of a health care practitioner 
who is determined by the Secretary pursuant to sub-
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section (g)(1)(E) to be a health professional volunteer 
at such entity, this subsection applies to the health 
care practitioner (with respect to services performed 
on behalf of the entity sponsoring the health care 
practitioner pursuant to subparagraph (B)) for any 
cause of action arising from an act or omission of the 
health care practitioner occurring on or after the date 
on which the Secretary makes such determination. 
‘‘(D) Subsection (g)(1)(F) applies to a health 
care practitioner for purposes of this subsection only 
to the extent that, in providing health services to an 
individual, each of the conditions specified in para-
graph (2) is met. 
‘‘(4)(A) Amounts in the fund established under sub-
section (k)(2) shall be available for transfer under subpara-
graph (C) for purposes of carrying out this subsection. 
‘‘(B) Not later May 1 of each fiscal year, the Attorney 
General, in consultation with the Secretary, shall submit 
to the Congress a report providing an estimate of the 
amount of claims (together with related fees and expenses 
of witnesses) that, by reason of the acts or omissions of 
health professional volunteers, will be paid pursuant to this 
section during the calendar year that begins in the following 
fiscal year. Subsection (k)(1)(B) applies to the estimate 
under the preceding sentence regarding health professional 
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volunteers to the same extent and in the same manner as 
such subsection applies to the estimate under such sub-
section regarding officers, governing board members, em-
ployees, and contractors of entities described in subsection 
(g)(4). 
‘‘(C) Not later than December 31 of each fiscal year, 
the Secretary shall transfer from the fund under subsection 
(k)(2) to the appropriate accounts in the Treasury an 
amount equal to the estimate made under subparagraph (B) 
for the calendar year beginning in such fiscal year, subject 
to the extent of amounts in the fund. 
‘‘(5)(A) This subsection takes effect on October 1, 2011, 
except as provided in subparagraph (B). 
‘‘(B) Effective on the date of the enactment of this sub-
section— 
‘‘(i) the Secretary may issue regulations for car-
rying out this subsection, and the Secretary may ac-
cept and consider applications submitted pursuant to 
paragraph (3)(B); and 
‘‘(ii) reports under paragraph (4)(B) may be 
submitted to the Congress.’’. 
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Union Calendar No. 352 
111TH CONGRESS 
2D SESSION 
H. R. 1745 
[Report No. 111–607] 
A BILL 
To amend the Public Health Service Act to provide 
liability protections for volunteer practitioners at 
health centers under section 330 of such Act. 
SEPTEMBER 16, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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