Page:United States Statutes at Large Volume 117.djvu/667

 117 STAT. 648

PUBLIC LAW 108–20—APR. 30, 2003

‘‘(vii) a contractor of, or a volunteer working for, a person described in clause (i), (ii), or (iv), if the contractor or volunteer performs a function for which a person described in clause (i), (ii), or (iv) is a covered person; or ‘‘(viii) an individual who has privileges or is otherwise authorized to provide health care under the auspices of an entity described in clause (ii) or (v)(II).’’. (g) AMENDMENT TO DEFINITION OF QUALIFIED PERSON.—Section 224(p)(7)(C) of such Act (42 U.S.C. 233(p)(7)(C)) is amended— (1) by designating ‘‘is authorized to’’ and all that follows as clause (i) and indenting accordingly; (2) by striking ‘‘individual who’’ and inserting ‘‘individual who—’’; and (3) by striking the period and inserting ‘‘; or ‘‘(ii) is otherwise authorized by the Secretary to administer such countermeasure.’’. (h) DEFINITION OF ‘‘ARISING OUT OF ADMINISTRATION OF A COVERED COUNTERMEASURE’’.—Section 224(p)(7) of such Act (42 U.S.C. 233(p)(7)) is amended by adding at the end the following new subparagraph: ‘‘(D) ARISING OUT OF ADMINISTRATION OF A COVERED COUNTERMEASURE.—The term ‘arising out of administration of a covered countermeasure’, when used with respect to a claim or liability, includes a claim or liability arising out of— ‘‘(i) determining whether, or under what conditions, an individual should receive a covered countermeasure; ‘‘(ii) obtaining informed consent of an individual to the administration of a covered countermeasure; ‘‘(iii) monitoring, management, or care of an immediate site of administration on the body of a covered countermeasure, or evaluation of whether the administration of the countermeasure has been effective; or ‘‘(iv) transmission of vaccinia virus by an individual to whom vaccinia vaccine was administered as provided by paragraph (2)(B).’’. (i) TECHNICAL CORRECTION.—Section 224(p)(2)(A)(ii) of such Act (42 U.S.C. 233(p)(2)(A)(ii)) is amended by striking ‘‘paragraph (8)(A)’’ and inserting ‘‘paragraph (7)(A)’’.

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