Jerry Torr
- Republican
Author
Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities, and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.
Public Law 166
Signed by the Governor
Signed by the President of the Senate
Signed by the President Pro Tempore
Signed by the Speaker
Motion to concur filed
House concurred in Senate amendments; Roll Call 443: yeas 58, nays 21
Returned to the House with amendments
Senator Koch added as cosponsor
Third reading: passed; Roll Call 349: yeas 41, nays 9
Second reading: amended, ordered engrossed
Amendment #1 (Brown L) prevailed; voice vote
Senator Kruse added as cosponsor
Committee report: amend do pass, adopted
Referred to the Senate
Third reading: passed; Roll Call 23: yeas 76, nays 21
Senate sponsors: Senators Messmer, Brown L, Freeman
Amendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65
Second reading: ordered engrossed
Committee report: amend do pass, adopted
Coauthored by Representatives Young J, Jeter, Lehman
Authored by Representative Torr
| Bill Text Versions | Format |
|---|---|
| Introduced House Bill (H) | |
| House Bill (H) | |
| House Bill (S) | |
| Engrossed House Bill (S) | |
| Enrolled House Bill (H) |
| Document | Format |
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| Fiscal Note: HB1002.05.ENRS.FN001 |
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