Legal implications of the Smallpox Vaccination Program.

President George W. Bush's Smallpox Immunization Program will expose health care workers and public health agencies to liability for negligent administration of the vaccine. Section 304 of the Homeland Security Act, supplemented by Secretary Thompson's Emergency Declaration, shifts liability to the federal government. State indemnification laws and workers' compensation laws protect some potential defendants. The Smallpox Personnel Protection Act of 2003 provided a new source of compensation to injured health care workers. This article examines the scope of protection offered by these laws.