Oklahoma § 63-6406 - Short title - COVID-19 Public Health Emergency Limited

§ 63-6406. Short title - COVID-19 Public Health Emergency Limited

Liability Act – Purpose – Liability limitations.

A. This act shall be known and may be cited as the "COVID-19

Public Health Emergency Limited Liability Act".

B. For purposes of the COVID-19 Public Health Emergency Limited

Liability Act:

1. "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

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;

2. "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; and

3. "Health care services" means any services provided by a

health care facility, health care provider, or by an individual

working under the supervision of a health care facility or provider,

that relate to the diagnosis, assessment, prevention, treatment,

aid, shelter, assistance, or care of illness, disease, injury, or

condition.

Oklahoma Statutes - Title 63. Public Health and Safety

C. A health care facility or health care provider shall be

immune from civil liability for any loss or harm to a person with a

suspected or confirmed diagnosis of COVID-19 caused by an act or

omission by the facility or provider that occurs during the COVID-19

public health emergency, if:

1. The act or omission occurred in the course of arranging for

or providing COVID-19 health care services for the treatment of the

person who was impacted by the decisions, activities or staffing of,

or the availability or capacity of space or equipment by, the health

care facility or provider in response to or as a result of the

COVID-19 public health emergency; and

2. The act or omission was not the result of gross negligence

or willful or wanton misconduct of the health care facility or

health care provider rendering the health care services.

D. In no event shall this act be construed to grant immunity

from civil liability for an act or omission in the provision of

health care services to a person who did not have a suspected or

confirmed diagnosis of COVID-19 at the time of the services.

E. This act shall apply to any civil action filed on or after

the effective date of this act. The provisions of this act shall be

in effect until October 31, 2020, or until such time as the Governor

affirmatively concludes the emergency declarations specified in

paragraph 1 of subsection B of this section, whichever is later.

Added by Laws 2020, c. 12, § 1, emerg. eff. May 12, 2020.