for US list members universal smallpox vaccination...

[Guest guest]

In a message dated 11/17/02 7:46:06 PM Eastern Standard Time,

victoria_dragon writes:

 

> Title III sec. 304 c is mandory vax NO exemptions....

> >>

> >

> >I believe the above statment is false.

>

> I'm afraid it isn't. Check out the info and links at:

>

 

OK here we go again below is an up to date copy the section you quoted is in

bold. Sorry it does not use the word mandory.

If you were talking about another section and mistyped please copy and paste

the section to me.

Thanks

 

SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

(a) IN GENERAL.—With respect to civilian human health-related research and

development activities relating to countermeasures for chemical, biological,

radiological, and nuclear and other emerging terrorist threats carried out by

the Department of Health and Human Services (including the Public Health

Service), the Secretary of Health and Human Services shall set priorities,

goals, objectives, and policies and develop a coordinated strategy for such

activities in collaboration with the Secretary of Homeland Security to ensure

consistency with the national policy and strategic plan developed pursuant to

section 302(2). (b) EVALUATION OF PROGRESS.—In carrying out subsection (a),

the Secretary of Health and Human Services shall collaborate with the

Secretary in developing specific benchmarks and outcome measurements for

evaluating progress toward achieving the priorities and goals described in

such subsection.

© ADMINISTRATION OF COUNTERMEASURES AGAINST SMALLPOX.—Section 224 of the

Public Health Service Act (42 U.S.C. 233) is amended by adding the following:

‘‘(p) ADMINISTRATION OF SMALLPOX COUNTER- MEASURES BY HEALTH

PROFESSIONALS.—

 

‘‘(1) IN GENERAL.—For purposes of this section, and subject to other

provisions of this subsection, a covered person shall be deemed to be an

employee of the Public Health Service with respect to liability arising out

of administration of a covered countermeasure against smallpox to an

individual during the effective period of a declaration by the Secretary

under paragraph

(2)(A). ‘‘(2) DECLARATION BY SECRETARY CONCERNING COUNTERMEASURE AGAINST

SMALLPOX.— ‘‘(A) AUTHORITY TO ISSUE DECLARATION.— ‘‘(i) IN

GENERAL.—The

Secretary may issue a declaration, pursuant to this paragraph, concluding

that an actual or potential bioterrorist incident or other actual or

potential public health emergency makes advisable the administration of a

covered countermeasure to a category or categories of individuals.

‘‘(ii) COVERED COUNTERMEASURE.— The Secretary shall specify in such

declaration the substance or substances that shall be considered covered

counter- measures (as defined in paragraph (8)(A)) for purposes of

administration to individuals during the effective period of the declaration.

‘‘(iii) EFFECTIVE PERIOD.—The Secretary shall specify in such declaration

the beginning and ending dates of the effective period of the declaration,

and may subsequently amend such declaration to shorten or extend such

effective period, provided that the new closing date is after the date when

the declaration is amended. ‘‘(iv) PUBLICATION.—The Secretary shall

promptly

publish each such declaration and amendment in the Federal Register.

‘‘(B) LIABILITY OF UNITED STATES ONLY FOR ADMINISTRATIONS WITHIN SCOPE OF

DECLARATION.—Except as provided in paragraph (5)(B)(ii), the United States

shall be liable under this subsection with respect to a claim arising out of

the administration of a covered countermeasure to an individual only if—

‘‘

(i) the countermeasure was administered by a qualified person, for a purpose

stated in paragraph (7)(A)(i), and during the effective period of a

declaration by the Secretary under subparagraph (A) with respect to such

countermeasure; and ‘‘(ii)(I) the individual was within a category of

individuals covered by the declaration; or

 

 

 

 

[Guest guest]

Stan,

 

Would you please include the link for this cut and paste?

Thanks,

Kit

 

 

 

 

>

> >

>

> OK here we go again below is an up to date copy the section you quoted is

in

> bold. Sorry it does not use the word mandory.

> If you were talking about another section and mistyped please copy and

paste

> the section to me.

> Thanks