HR 5 PCS2
‘‘(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 
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.— 
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HR 5 PCS2
‘‘(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; 
‘‘(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. 
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‘‘(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. 
‘‘(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— 
‘‘(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 
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as a volunteer described in subsection 
(a)(1).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This title and the amend-
ment made by subsection (a) shall take effect 90 
days after the date of the enactment of this title. 
(2) APPLICATION.—This title applies to any 
claim for harm caused by an act or omission of a 
health care professional where the claim is filed on 
or after the effective date of this title, but only if the 
harm that is the subject of the claim or the conduct 
that caused such harm occurred on or after such ef-
fective date. 
Passed the House of Representatives March 22, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 353 
112TH CONGRESS 
2D SESSION 
H. R. 5 
AN ACT 
To improve patient access to health care services 
and provide improved medical care by reducing 
the excessive burden the liability system places 
on the health care delivery system. 
APRIL 16, 2012 
Read the second time and placed on the calendar 
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