I 
113TH CONGRESS 
1ST SESSION H. R. 1733 
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 
APRIL 25, 2013 
Mrs. BLACKBURN (for herself, Mr. MATHESON, Mr. GRIFFITH of Virginia, Mr. 
GRIMM, Mr. DESJARLAIS, Mrs. BLACK, and Mr. BILIRAKIS) 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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 2013’’. 
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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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‘‘(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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‘‘(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 
as a volunteer described in subsection 
(a)(1).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This Act and the amend-
ment made by subsection (a) shall take effect 90 
days after the date of the enactment of this Act. 
(2) APPLICATION.—This Act 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 Act, but only if the 
harm that is the subject of the claim or the conduct 
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that caused such harm occurred on or after such ef-
fective date. 
Æ 
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