Signed by Governor Kevin Stitt

Vote Smart's Synopsis:

Vote to amend and pass a bill that exempts from product liability individuals that manufacture and supply personal protective equipment or medications used for COVID-19 treatment.

Highlights:

• Defines “COVID-19 public health emergency” as any emergency declared by the Governor beginning March 15, 2020 and the health emergency declared by the Governor beginning April 8, 2020 (Sec. 1).

• Defines “disinfecting and cleaning supplies” to include, but not be limited to hand sanitizers, disinfectants, sprays, and wipes (Sec. 1).

• Defines “essential business” to include a person or entity (Sec. 1):

• Within the critical infrastructure sector as defined by the United States Department of Homeland Security;

• Defined as essential by the Oklahoma Department of Commerce through use of the North American Industry Classification System during the COVID-19 pandemic; or

• Within an industry designated as critical or essential by Executive Order or Memorandum.

• Defines “first responder” as state and local law enforcement personnel, fire department personnel, and emergency medical personnel, or an individual deployed in response to the COVID-19 pandemic (Sec. 1).

• Specifies that “health care facility” and “health care provider” have the same meaning under this act, and defines “person” as an individual, firm, partnership, corporation, or association (Sec. 1).

• Defines “personal protective equipment” as coveralls, face shields, gloves, gowns, masks, respirators, and other equipment designed to protect the wearer from the spread of infection or illness (Sec. 1).

• Defines “qualified product” as 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, and 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 (Sec. 1).

• Establishes that any person, agent, employer, government entity, health care facility, health care provider, first responder, or business that designs, manufacturers, 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, will not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the product’s manufacturing or design, or failure to provide proper instructions or sufficient warnings (Sec. 1).

• Specifies that the aforementioned immunity will not apply to any government entity, employer, agent, health care facility, health care provider, first responder, or business that had actual knowledge that the product was defective when put to use, and who acted with deliberate indifference to or conscious disregard of a substantial and unnecessary risk that the product would cause serious injury to others (Sec. 1).

• Establishes that this act shall take effect immediately upon passage (Sec. 2).

Full Bill Text