APPROVED AS AMENDMENT TO H.R. 5, THE PROTECTING ACCESS TO HEALTHCARE ACT

WASHINGTON, MARCH 22, 2012 – The House today approved the language of Rep. Cliff Stearns’ (R-FL) H.R. 3586, the Good Samaritan Health Professionals Act, as an amendment to H.R. 5, the Protecting Access to Healthcare  (PATH) Act.  Stearns’ proposal would provide limited civil liability protection to licensed health care professionals providing health care services as a volunteer during a declared national disaster.  Stearns’ bill is supported by a broad coalition of the medical community, including doctors, nurses, surgeons, pharmacists, and hospitals.

On the House floor Stearns stated, “In the aftermath of Hurricane Katrina, we saw first hand how much of a demand there is for trained professionals at disaster sites and how there is a need to provide liability protection.  A Baton Rouge newspaper, The Advocate, ran a story in September 2005 about Dr. Mark Perlmutter, who was in the midst of giving a woman chest compressions when FEMA asked him to stop because of issues of liability protection.  CNN ran a story about a doctor who was evacuated to the New Orleans’ airport.  He wanted to ply his profession and heal the sick, but was prevented from doing so because of legal liability.  He said, ‘They told us, you know, you could help us by mopping the floor.’”

“My amendment would allow medical professionals to volunteer at disaster sites,” added Stearns.  “This is limited protection.  It still allows victims to sue for serious acts such as criminal misconduct, reckless misconduct, or gross negligence.  It does not cover criminal acts by health volunteers.”  The amendment by Stearns was approved by a vote of 251 to 157 and the PATH Act to which it was added was later approved by the House.