Vetoed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to adopt a conference report limits governor powers during an emergency, increases legislative oversight, and establishes legal immunity to health care providers and businesses during the COVID-19 public health emergency.

Highlights:

• Prohibits the governor from proclaiming any new state of disaster emergency related to the COVID-19 health emergency during 2020, unless the governor makes specific application to the state finance council, and an affirmative vote of at least 6 of the legislative members of the council approve such action (Sec. 5).

• Authorizes the governor, during any state of emergency, to order the closure or cessation of any business or commercial activity in response to any or all conditions necessitating the declared state of disaster emergency for 15 days (Sec. 6).

• Specifies that only upon specific application by the governor to the state finance council and an affirmative vote of at least 6 of the legislative members of the council can the closure or cessation of business or commercial activity be extended for a period of up to 30 days (Sec. 6).   

• Authorizes immunity to a health care provider from civil liability for damages, administrative fines or penalties for acts, omissions of health care decisions, or the rendering of or the failure to render healthcare services, including services that are altered, delayed, or withheld, as a direct response to any state of emergency declared related to the COVID-10 public health emergency (Sec. 9).         

• Specifies that the immunity established above does not apply to an act, omission, or health care decision done in gross negligence or with reckless conduct (Sec. 9).     

• Prohibits a person conducting business in the state from being held liable for a COVID-19 claim if the act or omission alleged to violate a duty of care was mandated or specifically and affirmatively permitted by a federal or state statute, regulation or executive order passed in response to the COVID-19 pandemic and applicable to the activity at issue at the time of the alleged exposure (Sec. 10).      

• Prohibits a person who designs, manufactures, labels, sells, distributes, provides, or donates a qualified product in response to the COVID-19 public health emergency from being liable in a civil action alleging a product liability claim arising out of such product if (Sec. 11):

• The product was manufactured, labeled, sold, distributed, provided, or donated at the specific request of or in response to a written order or other directive finding a public need for a qualified product issued by the governor, the adjutant general, or the division of emergency management; and

• The damages are not occasioned by willful, wanton, or reckless disregard of a known, substantial, and unnecessary risk that the product would cause serious injury to others.     

• Defines “qualified product” as (Sec. 8):

• Personal protective equipment used to protect the wearer from COVID-19; 

• Medical devices, equipment, and supplies used to treat COVID-19;

• Medical devices, equipment or supplies utilized outside of the product’s normal use to treat COVID-19;

• Medications used to treat COVID-19, including medications prescribed off-label to use to combat COVID-19;

• Tests used to diagnose or determine immunity to COVID-19; 

• Disinfecting or cleaning supplies; 

• Clinical laboratory services; and 

• Components of qualified products.

• Specifies that nothing in the COVID-19 Response and Reopening for Business Liability Protection Act (Sec. 12):

• Creates, recognizes, or ratifies a claim or cause of action of any kind; 

• Eliminates a required element of any claim; 

• Affects workers’ compensation law, including the exclusive application of such law; or

• Amends, repeals, alters, or affects any other immunity or limitation of liability.

• Authorizes a person to incur a civil penalty in an amount up to $2,500 per violation which violates any provision of this act, any regulation, any rule adopted by the adjutant general under this act, or any lawful order or proclamation issued under the authority under this act (Sec. 32).

• Authorizes a physician under quarantine to practice telemedicine and to issue a prescription for medication, including a controlled substance, for a patient without conducting an in-person examination of such patient (Sec. 17).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report limits governor powers during an emergency, increases legislative oversight, and establishes legal immunity to health care providers and businesses during the COVID-19 public health emergency.

Highlights:

• Prohibits the governor from proclaiming any new state of disaster emergency related to the COVID-19 health emergency during 2020, unless the governor makes specific application to the state finance council, and an affirmative vote of at least 6 of the legislative members of the council approve such action (Sec. 5).

• Authorizes the governor, during any state of emergency, to order the closure or cessation of any business or commercial activity in response to any or all conditions necessitating the declared state of disaster emergency for 15 days (Sec. 6).

• Specifies that only upon specific application by the governor to the state finance council and an affirmative vote of at least 6 of the legislative members of the council can the closure or cessation of business or commercial activity be extended for a period of up to 30 days (Sec. 6).   

• Authorizes immunity to a health care provider from civil liability for damages, administrative fines or penalties for acts, omissions of health care decisions, or the rendering of or the failure to render healthcare services, including services that are altered, delayed, or withheld, as a direct response to any state of emergency declared related to the COVID-10 public health emergency (Sec. 9).         

• Specifies that the immunity established above does not apply to an act, omission, or health care decision done in gross negligence or with reckless conduct (Sec. 9).     

• Prohibits a person conducting business in the state from being held liable for a COVID-19 claim if the act or omission alleged to violate a duty of care was mandated or specifically and affirmatively permitted by a federal or state statute, regulation or executive order passed in response to the COVID-19 pandemic and applicable to the activity at issue at the time of the alleged exposure (Sec. 10).      

• Prohibits a person who designs, manufactures, labels, sells, distributes, provides, or donates a qualified product in response to the COVID-19 public health emergency from being liable in a civil action alleging a product liability claim arising out of such product if (Sec. 11):

• The product was manufactured, labeled, sold, distributed, provided, or donated at the specific request of or in response to a written order or other directive finding a public need for a qualified product issued by the governor, the adjutant general, or the division of emergency management; and

• The damages are not occasioned by willful, wanton, or reckless disregard of a known, substantial, and unnecessary risk that the product would cause serious injury to others.     

• Defines “qualified product” as (Sec. 8):

• Personal protective equipment used to protect the wearer from COVID-19; 

• Medical devices, equipment, and supplies used to treat COVID-19;

• Medical devices, equipment or supplies utilized outside of the product’s normal use to treat COVID-19;

• Medications used to treat COVID-19, including medications prescribed off-label to use to combat COVID-19;

• Tests used to diagnose or determine immunity to COVID-19; 

• Disinfecting or cleaning supplies; 

• Clinical laboratory services; and 

• Components of qualified products.

• Specifies that nothing in the COVID-19 Response and Reopening for Business Liability Protection Act (Sec. 12):

• Creates, recognizes, or ratifies a claim or cause of action of any kind; 

• Eliminates a required element of any claim; 

• Affects workers’ compensation law, including the exclusive application of such law; or

• Amends, repeals, alters, or affects any other immunity or limitation of liability.

• Authorizes a person to incur a civil penalty in an amount up to $2,500 per violation which violates any provision of this act, any regulation, any rule adopted by the adjutant general under this act, or any lawful order or proclamation issued under the authority under this act (Sec. 32).

• Authorizes a physician under quarantine to practice telemedicine and to issue a prescription for medication, including a controlled substance, for a patient without conducting an in-person examination of such patient (Sec. 17).

Full Bill Text