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Emergency Law Inventory | Full Law Text

Law Number

42 USCS 300hh-11(c)

Summary Title

Liability: Intermittent Disaster Response Personnel

Summary

An intermittent disaster response personnel who acts within the scope of their appointment will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

National Disaster Medical System

Full Text

(c) Intermittent disaster-response personnel.(1) In general. For the purpose of assisting the National Disaster Medical System in carrying out duties under this section, the Secretary may appoint individuals to serve as intermittent personnel of such System in accordance with applicable civil service laws and regulations. (2) Liability. For purposes of section 224(a) [42 USCS ยง 233(a)] and the remedies described in such section, an individual appointed under paragraph (1) shall, while acting within the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions. With respect to the participation of individuals appointed under paragraph (1) in training programs authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B), acts of individuals so appointed that are within the scope of such participation shall be considered within the scope of the appointment under paragraph (1) (regardless of whether the individuals receive compensation for such participation).