§ 112. Short title--COVID-19 Product Protection Act--Limitations on liability
Oklahoma Statutes AnnotatedTitle 76. TortsEffective: May 21, 2020
Effective: May 21, 2020
76 Okl.St.Ann. § 112
§ 112. Short title--COVID-19 Product Protection Act--Limitations on liability
2. “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;
9. “Qualified product” means 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 or prevent the spread of COVID-19; 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; medications used to treat COVID-19 patients including medications prescribed or dispensed for off-label use to attempt to combat COVID-19; tests to diagnose or determine immunity to COVID-19; and components of qualified products.
C. Except as provided by subsection E of this section, any person that designs, manufactures, 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 shall 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 a failure to provide proper instructions or sufficient warnings.
D. Except as provided by subsection E of this section, a government entity, health care facility, health care provider, first responder, or any business, or the employer or agent of such business, that utilizes a product meeting the qualifications of either subsection C or D of this section, shall not be liable in a civil action alleging personal injury, death or property damage caused by or resulting from the selection, distribution, or use of such product.
Credits
Laws 2020, c. 160, § 1, emerg. eff. May 21, 2020.
76 Okl. St. Ann. § 112, OK ST T. 76 § 112
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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