PRIOR PRINTER'S NO. 3147 PRINTER'S NO. 3268
No. 2354 Session of 1976
INTRODUCED BY DiCARLO AND LINCOLN, MAY 11, 1976
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 25, 1976
AN ACT
1 Amending the act of September 19, 1974 (P.L.644, No.210),
2 entitled "An act exempting physicians and nurses from certain
3 liability when participating in a mass immunization project
4 approved by the Pennsylvania Department of Health," extending
5 the provisions of the act to certain SOCIETIES, facilities, <--
6 agencies and clinics.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The title and sections 1 and 2, act of September
10 19, 1974 (P.L.644, No.210), entitled "An act exempting
11 physicians and nurses from certain liability when participating
12 in a mass immunization project approved by the Pennsylvania
13 Department of Health," are amended to read:
14 AN ACT
15 Exempting physicians and nurses, and all STATE, COUNTY OR LOCAL <--
16 MEDICAL SOCIETIES, medical and health facilities, agencies
17 and clinics AS APPROVED BY THE DEPARTMENT OF HEALTH from <--
18 certain liability when participating in a mass immunization
19 project approved by the Pennsylvania Department of Health.
20 Section 1. Whenever the Secretary of Health, or a physician
1 duly licensed in the Commonwealth designated by him, shall
2 approve, in writing, a mass immunization project to be
3 administered in any part of the Commonwealth in cooperation with
4 an official [or voluntary] medical or health agency, any
5 physician who does not receive remuneration for his services in
6 the project, and any registered nurse, or licensed practical
7 nurse who shall participate in such project and who shall be
8 licensed to practice in the Commonwealth of Pennsylvania and any
9 STATE, COUNTY OR LOCAL MEDICAL SOCIETIES, medical or health <--
10 facility, agency or clinic AS APPROVED BY THE DEPARTMENT OF <--
11 HEALTH shall not be liable to any person for illness, reaction,
12 or adverse effect arising from or out of the use of any drug or
13 vaccine in such project by such physician or such nurse. Neither
14 the Secretary of Health nor his designate shall approve any such
15 project unless he finds that the project conforms to good
16 medical and public health practice.
17 Section 2. Nothing in this act shall exempt from liability
18 for gross negligence any physician or registered nurse or
19 licensed practical nurse or any STATE, COUNTY OR LOCAL MEDICAL <--
20 SOCIETIES, medical or health facility, agency, or clinic
21 participating in any mass immunization project nor shall the
22 provisions of this act exempt any drug manufacturer from any
23 liability for any drug or vaccine used in such project.
24 Section 2. This act shall take effect immediately.
E10L32RW/19760H2354B3268 - 2 -