123STA T . 2 90 2 PUBLIC LA W 111 –87—O CT. 30 , 2009 ‘ ‘ (1)shal la p pl yon ly t o medic al in f o r mation possessed b y the facility d u rin g the period in w hich the facility is treating the v ictim for conditions arising from the emergency , or during the 60- day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period e x pires first
and ‘‘( 2 ) shall not apply to any extent after the expiration of the 3 0-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any re q uest under section 26 95B (c) received by a medical facility before the expiration of such 30-day period .‘ ‘ SEC.2695G . MI SCE L L AN E OU S PR O V ISIONS. ‘‘(a) LIAB I L I TYOFMED I C AL F ACILITIE S , D ESI GN ATED O FFICE R S, PU BLIC H EALT H OFFICERS, AND G O V ERNING E NTITIES. —T his part may not be construed to authori z e any cause of action for damages or any civil penalty against any medical facility, any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part. ‘‘(b) TESTING.—This part may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease. ‘‘(c) C ONFIDENTIALITY.—This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee. ‘‘(d) FAILURE TO PROVIDE E M ERGENCY S ERVICES.—This part may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency. ‘‘(e) N OTIFICATION AND R E P ORTING DEADLINES.— I n any case in which the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to section 319(a), individuals or public or private entities are unable to comply with the requirements of this part, the Sec- retary may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the suspension. ‘‘(f) CONTINUED A PPLICATION OF STATE AND LOCAL LA W .— Nothing in this part shall be construed to limit the application of State or local laws that require the provision of data to public health authorities. ‘‘SEC. 2695 H .IN J UNC T IONS REGAR D ING VIOLATION O F PROHI B ITION. ‘‘(a) IN GENERAL.—The Secretary may, in any court of com- petent j urisdiction, commence a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to any violation of this part. ‘‘(b) FACILITATION OF INFORMATION ON V IOLATIONS.—The Sec- retary shall establish an administrative process for encouraging Admin i stra ti vep r oc ess .42USC30 0 f f –1 3 9 . F edera lR e g ister , p ub lication. N otice. 42 USC 300ff–13 8 .
