Facilitating Innovation to Fight Coronavirus Act

Bill: 116-s-3630
Sponsor: full_name: Sen. Sasse, Ben [R-NE]
Introduced: 2020-05-06
Policy area: Law
Subjects: Cardiovascular and respiratory health

Civil actions and liability

Drug safety, medical device, and laboratory regulation

Emergency medical services and trauma care

Health personnel

Health technology, devices, supplies

Infectious and parasitic diseases

Intellectual property

Licensing and registrations

Manufacturing

Medical tests and diagnostic methods

Product safety and quality
Latest action: action_date: 2020-05-06
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2020-05-06
action_desc: Introduced in Senate
text: <p><b>Facilitating Innovation to Fight Coronavirus Act</b></p> <p>This bill provides immunity from civil liability to health care providers for certain actions taken during the COVID-19 (i.e., coronavirus disease 2019) public health emergency and lengthens the terms of&nbsp;certain medical patents related to the treatment of COVID-19.</p> <p>Specifically, when testing for or treating COVID-19 during the public health emergency, a health care provider may not be held liable in any federal, state, or local civil proceeding for (1) using or modifying a medical device for an unapproved use or indication; (2) practicing without a license or outside of an area of specialty, if instructed to do so by an individual with such a&nbsp;license or within such an area of speciality; or (3) conducting the testing of, or providing treatment to, a patient outside of the premises of standard health care facilities. </p> <p>Additionally, certain medical patents that are issued with respect to the treatment of COVID-19 are deemed not to begin until the termination of the presidential emergency declaration relating to COVID-19 and are extended for an additional 10 years. </p>

tv_txt: II 116th CONGRESS 2d Session S. 3630 IN THE SENATE OF THE UNITED STATES May 6, 2020 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide certain limitations on liability for actions taken by health care providers to combat COVID–19.

1. Short title This Act may be cited as the Facilitating Innovation to Fight Coronavirus Act . 2. Limitations on certain health provider liability (a) In general Notwithstanding any other provision of Federal, State, or local law, no health care provider shall be liable in any Federal, State, or local civil proceeding for— (1) using or modifying a medical device for an unapproved use or indication; (2) practicing without a license or outside of an area of specialty if instructed to do so by an individual with such a license or within such an area of specialty; or (3) conducting the testing of, or the provision of treatment to, a patient outside of the premises of standard health care facilities, where such action was carried out to test, treat, or otherwise counter the effects of the Coronavirus Disease COVID–19 during the duration of the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to that disease. (b) Definition In this section, the term health care provider has the meaning given such term in section 3000(j) of the Public Health Service Act ( 42 U.S.C. 300jj(3) ). 3. Term of certain patents (a) Effective date Notwithstanding any provision of title 35, United States Code, with respect to an eligible patent, the term of the patent shall not begin until the date on which the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to that disease terminates. (b) Length of term Notwithstanding any provision of title 35, United States Code, with respect to an eligible patent, the term of the patent shall extend for 10 years longer than it otherwise would under such title. (c) Definition In this section, the term eligible patent means a patent issued for a new or existing pharmaceutical, medical device, or other process, machine, manufacture, or composition of matter, or any new and useful improvement thereof used or intended for use in the treatment of the Coronavirus Disease 2019 (COVID–19).