31-12-4.1. Smallpox vaccination and treatment program; immunity from liability.

The Georgia General Assembly makes the following findings: The attacks of September and October, 2001, on the United States have heightened concerns that terrorists may have access to the smallpox virus and may attempt to use it against the American public. In light of these concerns, and in order to secure public health and national security, the United States government has launched, and the State of Georgia has cooperated in, a smallpox vaccination and treatment program, with a recommendation for initial smallpox vaccinations for certain hospitals, health care workers, and emergency response workers. However, due to the virulent nature of smallpox and its vaccine, participation by hospitals and health care workers in such a program potentially increases their exposure to liability that, without sufficient legal protections, may significantly discourage their participation in the program. The federal government has determined, and the General Assembly agrees, that liability protection for those hospitals and health care workers who participate in such programs are integral to ensuring its maximum success. Accordingly, to achieve a potent and widespread smallpox vaccination and treatment program and maintain an effective defense against possible terrorist attacks, it is critical that hospitals and health care workers participating in such program be protected from potential legal liability absent their gross negligence or willful or wanton misconduct. The General Assembly therefore concludes that certain steps must be taken to encourage participation in the smallpox vaccination and treatment program in order to reserve to Georgia citizens continued access to smallpox vaccination and treatment services in the event of a terrorist attack.#

Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:#

1. (1)

   No licensed hospital which participates in a smallpox vaccination and treatment program authorized by the United States Secretary of Health and Human Services or the United States Public Health Service of the State of Georgia or employees, agents, or health care workers of such hospital; and#

2. (2)

   No licensed health care provider, health care worker, or other person who participates in such smallpox vaccination and treatment program, whether or not such provider, worker, or person is an agent or employee of such hospital#

3. shall be liable for damages or injuries alleged to have been sustained by any individual by reason of such individual’s receipt of a smallpox vaccination or treatment, such individual’s exposure to smallpox or its related infections, or any act or omission committed by such hospital, employee, agent, health care provider, health care worker, or other person as a result of such individual’s receipt of services from or related to such smallpox vaccination and treatment program.

This Code section shall apply only to causes of action arising on or after June 2, 2003.#