‘‘(3) if medically appropriate under such cri-
teria, the date of such emergency. 
‘‘(c) RESPONSES OTHER THAN NOTIFICATION OF 
EXPOSURE.—After receiving a response under paragraph 
(3) or (4) of subsection (d) of section 2695B, or a re-
sponse under subsection (g)(1) of such section, the des-
ignated officer for the employee shall, to the extent prac-
ticable, immediately inform the employee of the response. 
‘‘SEC. 2695E. SELECTION OF DESIGNATED OFFICERS. 
‘‘(a) IN GENERAL.—For the purposes of receiving no-
tifications and responses and making requests under this 
subpart on behalf of emergency response employees, the 
public health officer of each State shall designate 1 official 
or officer of each employer of emergency response employ-
ees in the State. 
‘‘(b) PREFERENCE IN MAKING DESIGNATIONS.—In 
making the designations required in subsection (a), a pub-
lic health officer shall give preference to individuals who 
are trained in the provision of health care or in the control 
of infectious diseases. 
‘‘SEC. 2695F. LIMITATION WITH RESPECT TO DUTIES OF 
MEDICAL FACILITIES. 
‘‘The duties established in this subpart for a medical 
facility— 
VerDate Nov 24 2008 
00:53 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3792.RH
H3792
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(1) shall apply only to medical information 
possessed by the facility during the period in which 
the facility is treating the victim for conditions aris-
ing from the emergency, or during the 60-day period 
beginning on the date on which the victim is trans-
ported by emergency response employees to the facil-
ity, whichever period expires first; and 
‘‘(2) shall not apply to any extent after the ex-
piration of the 30-day period beginning on the expi-
ration of the applicable period referred to in para-
graph (1), except that such duties shall apply with 
respect to any request under section 2695B(c) re-
ceived by a medical facility before the expiration of 
such 30-day period. 
‘‘SEC. 2695G. MISCELLANEOUS PROVISIONS. 
‘‘(a) LIABILITY
OF
MEDICAL
FACILITIES, DES-
IGNATED OFFICERS, AND PUBLIC HEALTH OFFICERS.— 
This subpart may not be construed to authorize any cause 
of action for damages or any civil penalty against any 
medical facility, any designated officer, or any other public 
health officer for failure to comply with the duties estab-
lished in this subpart. 
‘‘(b) TESTING.—This subpart may not, with respect 
to victims of emergencies, be construed to authorize or re-
VerDate Nov 24 2008 
00:53 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3792.RH
H3792
smartinez on DSKB9S0YB1PROD with BILLS
quire a medical facility to test any such victim for any 
infectious disease. 
‘‘(c) CONFIDENTIALITY.—This subpart may not be 
construed to authorize or require any medical facility, any 
designated officer of emergency response employees, or 
any such employee, to disclose identifying information 
with respect to a victim of an emergency or with respect 
to an emergency response employee. 
‘‘(d) FAILURE TO PROVIDE EMERGENCY SERV-
ICES.—This subpart may not be construed to authorize 
any emergency response employee to fail to respond, or 
to deny services, to any victim of an emergency. 
‘‘(e) NOTIFICATION AND REPORTING DEADLINES.— 
In any case in which the Secretary determines that, wholly 
or partially as a result of a public health emergency that 
has been determined pursuant to section 319(a), individ-
uals or public or private entities are unable to comply with 
the requirements of this part, the Secretary may, notwith-
standing any other provision of law, temporarily suspend, 
in whole or in part, the requirements of this part as the 
circumstances reasonably require. Before or promptly 
after such a suspension, the Secretary shall notify the 
Congress of such action and publish in the Federal Reg-
ister a notice of the suspension. 
VerDate Nov 24 2008 
00:53 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3792.RH
H3792
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(f) CONTINUED
APPLICATION
OF
STATE
AND 
LOCAL LAW.—Nothing in this part shall be construed to 
limit the application of State or local laws that require 
the provision of data to public health authorities. 
‘‘SEC. 2695H. INJUNCTIONS REGARDING VIOLATION OF 
PROHIBITION. 
‘‘(a) IN GENERAL.—The Secretary may, in any court 
of competent jurisdiction, commence a civil action for the 
purpose of obtaining temporary or permanent injunctive 
relief with respect to any violation of this subpart. 
‘‘(b) FACILITATION
OF INFORMATION
ON VIOLA-
TIONS.—The Secretary shall establish an administrative 
process for encouraging emergency response employees to 
provide information to the Secretary regarding violations 
of this subpart. As appropriate, the Secretary shall inves-
tigate alleged such violations and seek appropriate injunc-
tive relief. 
‘‘SEC. 2695I. APPLICABILITY OF SUBPART. 
‘‘This subpart shall not apply in a State if the chief 
executive officer of the State certifies to the Secretary that 
the law of the State is substantially consistent with this 
subpart.’’. 
VerDate Nov 24 2008 
00:53 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3792.RH
H3792
smartinez on DSKB9S0YB1PROD with BILLS
Union Calendar No. 171 
111TH CONGRESS 
1ST SESSION 
H. R. 3792 
[Report No. 111–305] 
A BILL 
To amend title XXVI of the Public Health Service 
Act to revise and extend the program for pro-
viding life-saving care for those with HIV/AIDS. 
OCTOBER 20, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Nov 24 2008 
00:53 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00052
Fmt 6651
Sfmt 6651
E:\BILLS\H3792.RH
H3792
smartinez on DSKB9S0YB1PROD with BILLS