I 
117TH CONGRESS 
1ST SESSION H. R. 5239 
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 
SEPTEMBER 10, 2021 
Mr. RUIZ (for himself and Mr. BUCSHON) 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 subsequently deter-
mined 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 2021’’. 
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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 in the provision 
of health care services if— 
‘‘(1) the professional is serving, for purposes of 
responding to a disaster, as a volunteer; and 
‘‘(2) the act or omission occurs— 
‘‘(A) during the period of the disaster, as 
determined under the laws listed in subsection 
(d)(1); 
‘‘(B) in the State or States for which the 
disaster is declared; 
‘‘(C) in the health care professional’s ca-
pacity as a volunteer; 
‘‘(D) in the course of providing services 
that are within the scope of the license, reg-
istration, or certification of the volunteer, as de-
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fined by the State of licensure, registration, or 
certification; and 
‘‘(E) 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 
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 alcohol 
or an intoxicating drug. 
‘‘(c) 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. 
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‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘disaster’ means— 
‘‘(A) a national emergency declared by the 
President under the National Emergencies Act; 
‘‘(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 that is de-
termined by the Secretary under section 319 of 
this Act with respect to one or more States 
specified in such determination— 
‘‘(i) during only the initial period cov-
ered by such determination; and 
‘‘(ii) excluding any period covered by 
a renewal of such determination. 
‘‘(2) The term ‘harm’ includes physical, non-
physical, economic, and noneconomic losses. 
‘‘(3) The term ‘health care professional’ means 
an individual who is licensed, registered, or certified 
under Federal or State law to provide health care 
services. 
‘‘(4) The term ‘health care services’ means any 
services provided by a health care professional, or by 
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any individual working under the supervision of a 
health care professional, that relate to— 
‘‘(A) the diagnosis, prevention, or treat-
ment of any human disease or impairment; or 
‘‘(B) the assessment or care of the health 
of a human being. 
‘‘(5) 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. 
‘‘(6)(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. 
‘‘(B) For purposes of subparagraph (A), the 
term ‘compensation’— 
‘‘(i) includes payment under any insurance 
policy or health plan, or under any Federal or 
State health benefits program; and 
‘‘(ii) excludes— 
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‘‘(I) reasonable reimbursement or al-
lowance for expenses actually incurred; 
‘‘(II) receipt of paid leave; and 
‘‘(III) receipt of items to be used ex-
clusively for rendering the health services 
in the health care professional’s capacity 
as a volunteer described in subsection 
(a)(1).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Section 224A of the Public 
Health Service Act, as added by subsection (a), shall 
take effect 90 days after the date of the enactment 
of this Act. 
(2) APPLICATION.—Section 224A of the Public 
Health Service Act, as added by subsection (a), ap-
plies to a claim for harm only if the act or omission 
that caused such harm occurred on or after the ef-
fective date described in paragraph (1). 
SEC. 3. SENSE OF THE CONGRESS. 
It is the sense of Congress that— 
(1) health care professionals should be encour-
aged to register with the Emergency System for Ad-
vance Registration of Volunteer Health Professionals 
(ESAR–VHP), and States should employ online reg-
istration with the promptest processing possible of 
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such registrations to foster the rapid deployment 
and utilization of volunteer health care professionals 
following a disaster; 
(2) Federal and State agencies and licensing 
boards should cooperate to facilitate the timely 
movement of properly licensed volunteer health care 
professionals to areas affected by a disaster; and 
(3) the appropriate licensing entities should 
verify the licenses of volunteer health care profes-
sionals serving disaster victims as soon as is reason-
ably practical following a disaster. 
Æ 
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