article: SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Physician Emergency Assistance Act''. SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES. (a) Declaration by President.--If the President declares that a public health emergency is in effect in the National Capital Area, then during the period in which the emergency is in effect, any physician who holds a valid medical license issued by an Area State government-- (1) may provide, in any part of such Area, health services to victims of the emergency to the same extent as the physician is authorized to provide health services within the jurisdiction of the Area State government that issued the license, notwithstanding the law of the other Area State governments; and (2) is not liable for any harm caused by any act or omission of the physician in providing, in any part of such Area, health services to victims of the emergency, notwithstanding the law of any of the Area State governments, unless the harm is caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. (b) Declaration by Chief Executive Official of Area State Government.-- (1) Maryland.--For any period during which a public health emergency is in effect in an Area portion of the State of Maryland, pursuant to a qualifying declaration by the Governor of Maryland, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (2) Virginia.--For any period during which a public health emergency is in effect in an Area portion of the State of Virginia, pursuant to a qualifying declaration by the Governor of Virginia, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (3) District of columbia.--For any period during which a public health emergency is in effect in the District of Columbia, pursuant to a qualifying declaration by the Mayor of such District, subsection (a) applies to health services provided within the District by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (4) Qualifying declaration.-- (A) In general.--A declaration by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia, as the case may be, that a public health emergency is in effect is, for purposes of this subsection, a qualifying declaration if-- (i) before officially declaring such emergency, such chief executive official notifies the Secretary of Health and Human Services of the intent to officially declare the emergency; and (ii) the Secretary does not, within 12 hours after such official provides the notice, inform the official that the Secretary has disapproved the declaration on the basis that the Secretary has determined that the declaration is not necessary to protect the public health. (B) Delegation of functions of secretary.--The Secretary of Health and Human Services may, temporarily or otherwise, delegate the functions of the Secretary under subparagraph (A) to the Assistant Secretary for Health or any of the heads of the agencies of the Public Health Service. (5) Relationship between declarations.--With respect to the public health emergency involved, a declaration by the President under subsection (a), including the period in which the emergency is declared to be in effect, supersedes any declaration under this subsection by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia. SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF CREDENTIALS OF PHYSICIAN VOLUNTEERS. (a) In General.--The Secretary of Health and Human Services shall, directly or through an award of a grant, contract, or cooperative agreement, establish and maintain a system for verifying the credentials, licenses, and hospital privileges of individuals who, during a public health emergency in the National Capital Area or portion thereof as declared under section 2, volunteer to serve in such Area as physicians (referred to in this section as the ``verification system''). In carrying out the preceding sentence, the Secretary shall provide for an electronic database for the verification system. (b) Certain Criteria.--The Secretary shall establish criteria regarding the verification system under subsection (a), including provisions regarding the promptness and efficiency of the system in collecting, storing, updating, and disseminating information on the credentials, licenses, accreditations, and hospital privileges of volunteers described in subsection (a). (c) Advance Registration of Volunteers.--In order to facilitate the availability of physicians during a public health emergency in the National Capital Area, the Secretary shall provide for the advance registration with the system of physicians who are willing to serve as volunteers described in subsection (a), and may carry out activities to encourage physicians to register with the system. (d) Other Assistance.--The Secretary may make grants and provide technical assistance to Area State governments and other public or nonprofit private entities for activities relating to the verification system developed under subsection (a). (e) Rule of Construction.--This section may not be construed as authorizing the Secretary to issue requirements regarding the provision by the Area State governments of credentials, licenses, accreditations, or hospital privileges. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Area portion'' means the portion of the State of Maryland or the State of Virginia, as the case may be, that is within the National Capital Area. (2) The term ``Area State governments'' means the governments of the States of Maryland and Virginia and the government of the District of Columbia. (3) The term ``National Capital Area'' means-- (A) the District of Columbia; (B) the counties of Montgomery and Prince George's in the State of Maryland; (C) the cities of Alexandria, Fairfax, Falls Church, and Manassas in the State of Virginia, and the counties of Arlington, Fairfax, Loudon, and Prince William in such State; and (D) such additional jurisdictions in the State of Maryland or Virginia as the President may designate in a declaration under subsection (a) that a public health emergency is in effect. (4) The term ``Secretary'' means the Secretary of Health and Human Services.
summary: National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.