H.R. 1876House115th Congress (2017-2019)In Committee

Good Samaritan Health Professionals Act of 2017

Introduced April 4, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:26 PM UTC

The Good Samaritan Health Professionals Act of 2017 changes the Public Health Service Act to protect health‑care workers who volunteer their services during a disaster from being sued. It shields them from civil liability for any harm caused while they are acting in good faith as volunteers, as long as the harm does not result from intentional wrongdoing, gross negligence, or intoxication. The law applies nationwide and takes effect 90 days after it is enacted.

Key Provisions

  • Volunteer health‑care professionals providing care during a declared disaster are not liable under federal or state law for harm caused by their actions, provided they act in good faith and within the scope of their volunteer role.
  • Liability protection does not apply if the harm results from willful or criminal misconduct, gross negligence, reckless conduct, or if the professional was under the influence of alcohol or drugs.
  • The bill preempts state laws that conflict with its protections, unless a state law offers greater liability protection.
  • Definitions are included for “disaster,” “health care professional,” and “volunteer,” and the protection applies only to claims filed after the law’s effective date, covering incidents that occurred after that date.

Legislative Activity

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7 earlier actions
HouseCommittee Latest Action

Ordered to be Reported (Amended) by Voice Vote.

February 14, 2018

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HouseIntro Referral

Introduced in House

April 4, 2017

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

April 4, 2017

HouseCommittee

Referred to the Subcommittee on Health.

April 7, 2017

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

April 26, 2017

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

January 17, 2018

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

January 17, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 14, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

February 14, 2018

Floor Debate

6 members

What members said about H.R. 1876 on the floor

4 Republicans2 Democrats
Susan W. Brooks
Rep. Susan W. BrooksR-IN-5 · Sep 25, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6378) to reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 25, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6378, the Pandemic All-Hazards Preparedness and Advancing Innovation Act of 2018. I want to thank…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Sep 25, 2018

Mr. Speaker, I rise in support of this bipartisan legislation, the Pandemic and All-Hazards Preparedness and Innovation Act and I'm very proud to have Representative Susan Brooks as my partner. This…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Sep 25, 2018

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, one century ago, our country was in the midst of the worst pandemic in history. It claimed the lives of almost 700,000 Americans and…

Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 25, 2018

Mr. Speaker, I rise today, obviously, in support of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act. I want to thank my friend and colleague from New Jersey (Mr. Pallone), our…

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Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Sep 25, 2018

Mr. Speaker, I want to thank Congresswoman Brooks, who is doing an outstanding job. We both served on the House Committee on Homeland Security, and we chaired a subcommittee prior to Energy and…

Bill Text

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Introduced in HouseIssued April 4, 2017

I

115th CONGRESS

1st Session

H. R. 1876

IN THE HOUSE OF REPRESENTATIVES

April 4, 2017

Mrs. Blackburn (for herself, Mr. Ruppersberger, Mr. Bera, Mr. Roe of Tennessee, Mr. Bucshon, and Mr. David Scott of Georgia) 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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 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.

1.

Short title

This Act may be cited as the Good Samaritan Health Professionals Act of 2017.

2.

Limitation on liability for volunteer health care professionals

(a)

In general

Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following:

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 capacity as a volunteer; and

(C)

in a good faith belief that the individual 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 negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or

(2)

the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug.

(c)

Standard of proof

In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply.

(d)

Preemption

(1)

In general

This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability.

(2)

Volunteer Protection Act

Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997.

(e)

Definitions

In this section:

(1)

The term disaster means—

(A)

a national emergency declared by the President under the National Emergencies Act;

(B)

an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or

(C)

a public health emergency determined by the Secretary under section 319 of this Act.

(2)

The term harm includes physical, nonphysical, 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 profession.

(4)

The term State includes each of the several States, the District of Columbia, the Commonwealth 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.

(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 allowance for expenses actually incurred;

(II)

receipt of paid leave; and

(III)

receipt of items to be used exclusively 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 amendment 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 that caused such harm occurred on or after such effective date.

3.

Sense of the Congress

It is the sense of the Congress that—

(1)

Federal and State agencies and licensing boards should cooperate to facilitate the timely movement of properly licensed volunteer health care professionals to areas affected by a disaster; and

(2)

the appropriate licensing entities should verify the licenses of volunteer health care professionals serving disaster victims as soon as is reasonably practical following a disaster.