Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass a bill that establishes a COVID-19 liability shield for businesses and healthcare providers.

Highlights:

• Defines "healthcare provider," a healthcare professional, health care facility, home health care facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, rule, order, or public health guidance to administer health care services or treatment, including first responders (Sec. 1-6).

• Defines "personal protective equipment," as protective clothing, gloves, face shields, goggles, facemasks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or the spread of infection or illness (Sec. 1-9);

• Prohibits a person from bringing or maintaining any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19 (Sec. 2).

• Establishes a health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the healthcare provider's acts or omissions in response to COVID-19. This applies to all of the following (Sec. 4):

• Injury or death resulting from screening, assessing, diagnosing, caring for, or treating persons with a suspected or confirmed case of COVID-19;

• Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19; and

• Acts or omissions while providing health care to persons unrelated to COVID-19 if those acts or omissions support the state's response to COVID-19.

• Specifies any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from such action (Sec. 5).

• Prohibits this act from being construed to do any of the following (Sec. 6):

• Create, recognize, or ratify a claim or cause of action of any kind;

• Eliminate or satisfy a required element of a claim or cause of action of any kind;

• Deem COVID-19 an occupational disease. COVID-19 is not an occupational disease under state law; or

• Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a COVID-19 liability shield for businesses and healthcare providers.

Highlights:

• Defines "healthcare provider," a healthcare professional, health care facility, home health care facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, rule, order, or public health guidance to administer health care services or treatment, including first responders (Sec. 1-6).

• Defines "personal protective equipment," as protective clothing, gloves, face shields, goggles, facemasks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or the spread of infection or illness (Sec. 1-9);

• Prohibits a person from bringing or maintaining any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19 (Sec. 2).

• Establishes a health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the healthcare provider's acts or omissions in response to COVID-19. This applies to all of the following (Sec. 4):

• Injury or death resulting from screening, assessing, diagnosing, caring for, or treating persons with a suspected or confirmed case of COVID-19;

• Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19; and

• Acts or omissions while providing health care to persons unrelated to COVID-19 if those acts or omissions support the state's response to COVID-19.

• Specifies any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from such action (Sec. 5).

• Prohibits this act from being construed to do any of the following (Sec. 6):

• Create, recognize, or ratify a claim or cause of action of any kind;

• Eliminate or satisfy a required element of a claim or cause of action of any kind;

• Deem COVID-19 an occupational disease. COVID-19 is not an occupational disease under state law; or

• Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability.

Full Bill Text