§ 239. General provisions
(a)
Definitions
For purposes of this part:
(2)
Covered individual
The term “covered individual” means an individual—
(A)
who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities [1];
(B)
who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary;
(3)
Covered injury
The term “covered injury” means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under section
239a of this title, to have been sustained by an individual as the direct result of—
(A)
administration to the individual of a covered countermeasure during the effective period of the Declaration; or
(4)
Declaration
The term “Declaration” means the Declaration Regarding Administration of Smallpox Countermeasures issued by the Secretary on January 24, 2003, and published in the Federal Register on January 28, 2003.
(5)
Effective period of the Declaration
The term “effective period of the Declaration” means the effective period specified in the Declaration, unless extended by the Secretary.
(6)
Eligible individual
The term “eligible individual” means an individual who is (as determined in accordance with section
239a of this title)—
(7)
Smallpox emergency response plan
The term “smallpox emergency response plan” or “plan” means a response plan detailing actions to be taken in preparation for a possible smallpox-related emergency during the period prior to the identification of an active case of smallpox either within or outside the United States.
(b)
Voluntary program
The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to vaccinate individuals that is approved by the Secretary establishes procedures to ensure, consistent with the Declaration and any applicable guidelines of the Centers for Disease Control and Prevention, that—
(1)
potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part;
(2)
there is voluntary screening provided to potential participants that can identify health conditions relevant to contraindications; and
(3)
there is appropriate post-inoculation medical surveillance that includes an evaluation of adverse health effects that may reasonably appear to be due to such vaccine and prompt referral of, or the provision of appropriate information to, any individual requiring health care as a result of such adverse health event.
[1] So in original. Probably should be “specialties”.