Oklahoma § 76-112 - Short title - COVID-19 Product Protection Act –

§ 76-112. Short title - COVID-19 Product Protection Act –

Limitations on liability.

A. This section shall be known and may be cited as the "COVID19 Product Protection Act".

B. As used in this act:

1. "COVID-19" means the novel coronavirus identified as SARSCoV-2, the disease caused by SARS-CoV-2, and conditions associated

with the disease;

2. "COVID-19 public health emergency" means any emergency

declared by the Governor of Oklahoma related to COVID-19, including

but not limited to the emergency declared by the Governor by

Executive Order 2020-07, and any amendments thereto, under the

Oklahoma Emergency Management Act of 2003, Section 683.1 et seq. of

Title 63 of the Oklahoma Statutes, beginning on March 15, 2020, and

Oklahoma Statutes - Title 76. Torts

the health emergency declared by the Governor by Executive Order

2020-13, and any amendments thereto, under the Catastrophic Health

Emergency Powers Act, Section 6101 et seq. of Title 63 of the

Oklahoma Statutes, beginning on April 8, 2020;

3. "Disinfecting and cleaning supplies" includes, but is not

limited to, hand sanitizers, disinfectants, sprays, and wipes;

4. "Essential business" means a person or entity:

a.

within a critical infrastructure sector as defined by

the United States Department of Homeland Security,

b.

defined as essential by the Oklahoma Department of

Commerce through use of the North American Industry

Classification System during the COVID-19 pandemic, or

c.

within an industry designated as critical or essential

by Executive Order or Executive Memorandum;

5. "First responder" means state and local law enforcement

personnel, fire department personnel and emergency medical

personnel. First responder includes a person authorized by

executive order who will be deployed in response to the COVID-19

pandemic;

6. "Health care facility" and "health care provider" shall have

the same meaning as such terms are defined as provided in Section

6104 of Title 63 of the Oklahoma Statutes;

7. "Person" means an individual, firm, partnership, corporation

or association;

8. "Personal protective equipment" means coveralls, face

shields, gloves, gowns, masks, respirators, and other equipment

designed to protect the wearer from the spread of infection or

illness; and

9. "Qualified product" means personal protective equipment used

to protect the wearer from COVID-19 or the spread of COVID-19;

medical devices, equipment, or supplies used to treat COVID-19

including products that are used or modified for an unapproved use

to treat COVID-19 or prevent the spread of COVID-19; medical

devices, equipment, or supplies utilized outside of such product's

normal use to treat COVID-19 or to prevent the spread of COVID-19;

medications used to treat COVID-19 patients including medications

prescribed or dispensed for off-label use to attempt to combat

COVID-19; tests to diagnose or determine immunity to COVID-19; and

components of qualified products.

C. Except as provided by subsection E of this section, any

person that designs, manufactures, labels, sells, distributes, or

donates disinfecting and cleaning supplies or personal protective

equipment during and in response to the COVID-19 public health

emergency that does not make such products in the ordinary course of

business shall not be liable in a civil action alleging personal

injury, death or property damage caused by or resulting from the

Oklahoma Statutes - Title 76. Torts

product's manufacturing or design, or a failure to provide proper

instructions or sufficient warnings.

D. Except as provided by subsection E of this section, a

government entity, health care facility, health care provider, first

responder, or any business, or the employer or agent of such

business, that utilizes a product meeting the qualifications of

either subsection C or D of this section, shall not be liable in a

civil action alleging personal injury, death or property damage

caused by or resulting from the selection, distribution, or use of

such product.

E. The immunity provided in subsections C and D of this section

shall not apply to any person, or any employee or agent thereof,

that:

1.

a.

Had actual knowledge that the product was defective

when put to the use for which the product was

manufactured, sold, distributed, or donated, and

b.

Acted with deliberate indifference to or conscious

disregard of a substantial and unnecessary risk that

the product would cause serious injury to others; or

2. Acted with a deliberate intention to cause harm.

F. Nothing contained in this section shall be construed to:

1. Relieve a plaintiff of the need to satisfy any required

element of a claim; or

2. Amend, repeal, alter or affect any other immunity or

limitation of liability provided for under the laws of this state.

G. The provisions of this section shall apply to any claim

arising on or after the emergency declared by the Governor of

Oklahoma related to COVID-19 by Executive Order 2020-07 on March 15,

2020.

Added by Laws 2020, c. 160, § 1, emerg. eff. May 21, 2020.

Oklahoma Statutes - Title 76. Torts