The Secretary of HHS has signed the declaration required under Section 304 of the Homeland Security Act that smallpox poses a potential health emergency risk requiring vaccination as a countermeasure. This declaration triggers the liability protections under Section 304 of the Act that are provided for persons and institutions involved in the administration of smallpox countermeasures. In addition to declaring the covered countermeasures and individuals covered by the declaration, the declaration defines various provisions within the Act such as "administration of a covered countermeasure," "health care entity under whose auspices such countermeasure was administered," and "official, agent, or employee." The declaration is effective January 24, 2003 until and including January 23, 2004. The effective period may be extended or shortened by subsequent amendments to the declaration. The declaration was published in the Federal Register on January 28, 2003 at 68 Fed. Reg. 4212.

This material is not intended to create, and does not create, an attorney-client relationship between you and Vinson & Elkins L.L.P., and you should not act or rely on any of this information. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. These materials do not constitute legal advice, do not necessarily reflect the opinions of Vinson & Elkins L.L.P. or any of its attorneys or clients, and are not guaranteed to be correct, complete, or up-to-date. Vinson & Elkins L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Unless otherwise indicated, V&E attorneys listed are: not Certified by the Texas Board of Legal Specialization. None of the attorneys listed on this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in New York.

Vinson & Elkins is a registered limited liability partnership. Principal office-Houston.