§239 General provisions

Summary

Sets rules for who can get help if harmed by smallpox vaccines and what approved vaccination plans must do. Key terms are: "covered countermeasure" — the vaccine or treatment named by the Secretary under section 233(p); "covered individual" — health care workers, law enforcement, firefighters, emergency medical and other public safety and support staff, or volunteers picked for an approved smallpox response plan who got the smallpox vaccine under that approved plan during the Declaration’s effective period (this includes doses given before April 30, 2003); "covered injury" — a serious injury, illness, disability, condition, or death (not minor local reactions) found to be directly caused by the vaccine during the Declaration period, or by accidental vaccinia caught during the period or within 30 days after it ends from contact with a vaccinated person; "Declaration" — the Declaration Regarding Administration of Smallpox Countermeasures issued January 24, 2003 and published January 28, 2003; "effective period of the Declaration" — the time the Declaration says it is in effect unless the Secretary extends it; "eligible individual" — someone who meets the above and is found to have a covered injury; "smallpox emergency response plan" — a plan for actions to take before any active smallpox case is found. The Secretary must make sure any State, local, or HHS vaccination plan approved by the Secretary follows the Declaration and CDC guidance and includes: education for potential participants about health reasons not to get the vaccine, that joining is voluntary, and about possible benefits or compensation; voluntary health screening to find relevant conditions; and medical follow-up after vaccination to check for adverse effects and quickly refer or give care to anyone who needs it.