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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Health Professionals Act of 2011''.
SEC. 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:
``SEC. 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 such 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...