S.Amdt. 3036

SA 3036. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. DISASTER VOLUNTEER HEALTH CARE PROFESSIONAL
PROTECTION.

(a) Limitation on Liability.--Notwithstanding any other
provision of law, with respect to an area in which a major
disaster has been declared in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5721 et seq.), a health care professional who is
providing health or dental services on a voluntary basis in
such area, or to a non-resident victim of the disaster
involved, shall not be liable for damages in a medical
malpractice lawsuit for a cause of action arising out of an
act or omission of such professional in providing the
services involved.
(b) Requirements.--Subsection (a) shall not apply--
(1) to any act or omission by a health care professional
that is outside the scope of the services for which such
professional is deemed to be licensed or certified to
provide, unless such act or omission can reasonably be
determined to be necessary to prevent serious bodily harm or
preserve the life of the individual being treated;
(2) if the services on which the medical malpractice claim
is based did not arise out of the rendering of voluntary care
in the disaster area or were provided to an individual who
was not a victim of the disaster; or
(3) to an act or omission by a health care professional
that constitutes willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed
by such professional.

[[Page S12723]]

(c) Limitation on Vicarious Liability.--An individual or a
health care institution that deploys or uses a volunteer
described in subsection (a) shall not be vicariously liable
in a medical malpractice lawsuit with respect to services
described in such subsection unless the volunteer involved is
determined to be liable.
(d) Reciprocity With Respect to Licensed or Certified
Health Care Professionals.--A health care professional that
is licensed or certified in a State and who is providing
health or dental services on a voluntary basis in an area in
which a major disaster has been declared in accordance with
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5721 et seq.), shall be deemed to
be licensed or certified by the State in which such area is
located with respect to such health or dental services,
subject to any additional conditions, limitations, or
expansions that may be applied by the chief executive of the
State in which such area is located.
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