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S. 4106 (91st): An Act to amend the Public Health Service Act to authorize the assignment of commissioned officers of the Public Health Service to areas with critical medical manpower shortages, to encourage health personnel to practice in areas where shortages of such p


The text of the bill below is as of Dec 31, 1970 (Passed Congress).


1868                                          PUBLIC LAW 91-623-DEC. 31, 1970                      [84   STAT.

                           Public Law 91-623
December 3 1 , 1970                                             AN ACT
    [S.4106]               To amend the Public Health Service Act to authorize the assignment of com-
                             missioned oflScers of the Public Health Service to areas with critical medical
                             manpower shortages, to encourage health personnel to practice in areas where
                             shortages of such personnel exist, and for other purposes.

                             Be it enacted hy the Senate and House of Representatives of the
  Emergency                United States of America in Congress a^semhled^ That this Act may
Health P e r s o n n e l
Act of 1970.               be cited as the "Emergency Health Personnel Act of 1970".
  58 Stat. 695;              SEC. 2. P a r t C of title I I I of the Public Health Service Act is
81 Stat. 539.
  42 u s e 248.            amended by adding after section 328 the following new section:
                            A S S I G N M E N T OF MEDICAL AND OTHER H E A L T H P E R S O N N E L TO CRITICAL
                                                             N E E D AREAS

                              "SEC. 329. (a) I t shall be the function of an identifiable administra-
                           tive unit within the Service to improve the deliver^ of health services
                           to persons living in communities and areas of the United States where
                           health personnel and services are inadequate to meet the health needs
                           of the residents of such communities and areas.
                              "(b) Upon request of a State or local health agency or other public
                           or nonprofit private health organization, in an area designated by
                           the Secretary as an area w^ith a critical health manpower shortage, to
                           have health personnel of the Service assigned to such area, and upon
                           certification to the Secretary by the State and the district medical
                           societies (or dental societies, or other appropriate health societies as
                           the case may be) for that area, and by the local government for that
                           area, that such health personnel are needed for that area, the Secre-
                           tary is authorized, whenever he deems such action appropriate, to
                           assign commissioned officers and other personnel of the Service to
                           provide, under regulations prescribed by the Secretary, health care
                           and services for persons residing in such areas. Such care and services
                           shall be provided in connection with (1) direct health care programs
                           carried out by the Service; (2) any direct health care program carried
                           out in whole or in part with Federal financial assistance; or (3) any
                           other health care activity which is in furtherance of the purposes of
                           this section. Any person who receives a service provided under this
                           section shall be charged for such service at a rate established by the
                           Secretary, pursuant to regulations, to recover the reasonable cost of
                           providing such service; except that if such person is determined under
                           regulations of the Secretary to be unable to pay such charge, the Secre-
                           tary may provide for the furnishing of such service at a reduced rate
                           or without charge. If a Federal agency or a State or local government
                           agency or other third party would be responsible for all or part of the
                           cost of the service provided under this section if such service had not
                           been provided under this section, the Secretary shall collect from such
                           agency or third party the portion of such cost for which it would be so
                           responsible. Any funds collected by the Secretary under this subsection
                           shall be deposited in the Treasury as miscellaneous receipts.
                             "(c) Commissioned officers and other personnel of the Service
                           assigned to areas designated under subsection (b) shall not be included
                           in determining whether any limitation on the number of personnel
                           which may be employed by the Department of Health, Education, and
                           Welfare has been exceeded.
   Facilities,               " ( d ) Notwithstanding any other provision of law, the Secretary, to
utilization.
                           the extent feasible, may make such arrangements as he determines
                           necessary to enable officers and other personnel of the Service in pro-
                           viding care and services under subsection (b) to utilize the health
                           facilities of the area to be served. If there are no such facilities in such

84 STAT. ] PUBLIC LAW 91^23-DEC. 31, 1970 1869 area, the Secretary may arrange to have such care and services pro- vided in the nearest health facilities of the Service or the Secretary may lease or otherwise provide facilities in such area for the provision of such care and services. "(e) (1) There is established a council to be known as the National ,,^J^'°co1^^^iCon Advisory Council on Health Manpower Shortage Areas (hereinafter Health Manpower in this section referred to as the 'Council'). The Council shall be com- ^J°ft,l!shSem^' posed of fifteen members appointed by the Secretary as follows: mlmbe'rship. " (A) Four members shall be appointed from the general public, representing the consumers of health care. " ( B ) Three members shall be aj)pointed from the medical, dental, and other health professions and health teaching professions. " ( C ) Three members shall be appointed from State health or health planning agencies. " ( D ) Three members shall be appointed from the Service, at least two of whom shall be commissioned officers of the Service. " ( E ) One member shall be appointed from the National Advi- sory Council on Comprehensive Health Planning, " ( F ) One member shall be appointed from the National Advi- sory Council on Regional Medical Programs. The Council shall consult with, advise, and make recommendations to, the Secretary with respect to his responsibilities in carrying out this section. "(2) Members of the Council shall be appointed for a term of three Term. years and shall not be removed, except for cause. Members may be reappointed to the Council. "(8) Appointed members of the Council, while attending meetings compensation. or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of busi- ness they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 of the United States Code for persons in the Government service employed inter- so stat. 499; mittently. 83 stat. 190. " (f) I t shall be the function of the Secretary— "(1) to establish guidelines with respect to how the Service shall be utilized in areas designated under this section; "(2) to select commissioned officers of the Service and other personnel for assignment to the areas designated under this sec- tion; and "(3) to determine which communities or areas may receive assistance under this section taking into consideration— " (A) the need of the community or area for health services provided under this section; " ( B ) the willingness of the community or area and the appropriate governmental agencies therein to assist and cooperate with the Service in providing ejffective health services to residents of the community or area; " ( C ) the recommendations of any agency or organization which may be responsible for the development, under section 314(b), of a comprehensive plan covering all or any part of the area or community involved; and " ( D ) recommendations from the State medical, dental, and other health associations and from other medical personnel of the community or area considered for assistance under this section.
1870 PUBLIC LAW 91-623-DEC. 31, 1970 [84 STAT. Appropriation. " ( g ) To carry out the purposes of this section, there are autliorized to be appropriated $10,000,000 for the fiscal year ending June 30,1971; $20,000,000 for the fiscal year ending June 30, 1972; and $30,000,000 for the fiscal year ending June 30, 1973.'' 58 Stat. 683; 81 Stat. 539. SEC. 4. Title I I of the Public Health Service Act is amended by 42 u s e 202. adding after section 223 the following new section: D E F E N S E OF CERTAIN M A L P R A C T I C E A N D N E G L I G E N C E SUITS "SEC. 223. (a) The remedy against the United States provided by 62 Stat. 933, sections 1346(b) and 2672 of title 28, or by alternative benefits pro- 983; 80 Stat. 306. vided by the United States where the availability of such benefits pre- cludes a remedy under section 1346(b) of title 28, for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. " ( b ) The Attorney General shall defend any civil action or pro- ceeding brought in any court against any person referred to in subsec- tion (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowl- edge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the dis- trict embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. Civil action, "(c) Upon a certification by the Attorney General that the defend- removal from State to district ant was acting in the scope of his employment at the time of the court. incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed w^ithout bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against 62 Stat. 869. the United States under the provisions of title 28 and all references 28 u s e 1. thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of sub- section (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided^ That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commenc- ing, or filing an application or claim in, such proceedings for com- pensation or other benefits shall be deemed to (have been suspended during the pendency of the civil action or proceeding under this section. eiaims, settle- ment. " ( d ) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in 80 Stat. 307. section 2677 of title 28 and with the same effect. "(e) F o r purposes of this section, the provisions of section 2680(h)
84 STAT. ] PUBLIC LAW 91-625-DEC. 31, 1970 1871 of title 28 shall not apply to assault or battery arising out of neglig:ence 62 Stat. 9 8 5 . in the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations. Liability in- " ( f ) The Secretary or his designee may, to the extent that he deems surance. appropriate, hold harmless or provide liability insurance for any officer or employee of the Public Health Service for damage for personal injiiry, including death, negligently caused by such officer or employee while acting within the scope of his office or employment and as a i-esult of the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investi- gations, if such employee is assigned to a foreign country or detailed to a State or political subdivision thereof or to a non-profit institution, and if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, for such damage or injury." 80 Stat. 307. Approved December 3 1 , 1970. Public Law 91-624 AN A C T December 3 1 , 1970 To grant the consent of Congress to the city of Boston to construct, maintain, [H.R. I7750] and oi)erate a causeway and fixed-span bridge in Fort Point Channel, Boston, Massachusetts. Be it enacted hy the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the consent of chL'^eT b^'id Congress is hereby given to the city of Boston to construct, maintain, Boston, Masf.^' and operate a causeway and a fixed-span bridge in and over the water construction, of the Fort Point Channel, Boston, Massachusetts, lying between the '"^"*t^"^'i'=^' northeasterly side of the Summer Street highway bridge and the east- erly side of the Dorchester Avenue highway bridge. SEC. 2. Work shall not be commenced on such bridge and causeway until the location and plans therefor are submitted to and approved by the Secretary of Transportation. SEC. 3. Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above-described portions of Fort Point Channel, is hereby abandoned. SEC. 4. I n approving the location and plans of any bridge, the Secretary of Transportation may impose any specific conditions relat- ing to the maintenance and operation of the structure which may be deemed necessary in the interest of public navigation. Approved December 3 1 , 1970. Public Law 91-625 AN A C T December 3 1 , 1970 To designate the lake formed by the waters impounded by the Liliby Dam, [H. R. 7334] Montana, as "Lake Kooeanusa". Be it enacted by the Senate and House of Representatives of the Lake K o o e a n u s a , United States of Amenca in Congress assembled, That the lake formed Mont. by the waters impounded by the Libby Dam in the State of Montana Designation shall hereafter be known as Lake Kooeanusa and any law, regulation, document, or record of the United States in which such lake is designated or referred to shall be held to refer to such lake mider and by the name of "Lake Kooeanusa". Approved December 31, 1970.