tially similar health care professional in 
the State in which such act or omission oc-
curs; and 
(iii) may be outside the health care 
professional’s normal area of practice; or 
(C) in the course of providing health care 
services that, with respect to a related health 
care entity, are within the licensure and accred-
itation of the related health care entity; and 
(2) is committed (or not undertaken)— 
(A) based upon any direction, guidance, 
recommendation, or other statement made by a 
Federal, State, or local official to address or in 
response to the COVID–19 pandemic; 
(B) based upon any guidance published by 
any Federal, State or local department or any 
division or agency of such department in re-
sponse to the COVID–19 pandemic; or 
(C) due to a lack of resources, including 
manpower, attributable to the COVID–19 pan-
demic. 
(b) EXCEPTIONS.—Subsection (a) does not apply 
with respect to harm caused by an act or omission of a 
covered health care provider, as described in such sub-
section, if— 
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(1) the act or omission constitutes willful or 
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious flagrant indifference to the 
rights or safety of the individual harmed by the cov-
ered health care provider; or 
(2) the health care provider provided the health 
care services under the influence (as determined pur-
suant to applicable State law) of alcohol or an in-
toxicating drug (other than a prescription drug 
taken under the orders of a physician). 
(c) PREEMPTION.— 
(1) IN GENERAL.—This section preempts the 
laws of a State or any political subdivision of a State 
to the extent that such laws are inconsistent with 
this section, unless such laws provide greater protec-
tion from liability. 
(2) VOLUNTEER
PROTECTION
ACT.—Protec-
tions afforded by this section are in addition to those 
provided by the Volunteer Protection Act of 1997 
(Public Law 105–19). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered health care provider’’ 
means— 
(A) a health care professional; or 
(B) a related health care entity. 
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(2) The term ‘‘emergency period’’ has the 
meaning given such term in section 1135(g)(1)(B) 
of the Social Security Act (42 U.S.C. 1320b– 
5(g)(1)(B)). 
(3) The term ‘‘harm’’ includes physical, non-
physical, economic, and noneconomic injury or 
losses. 
(4) The term ‘‘health care professional’’ means 
an individual who is licensed, registered, or certified 
under Federal or State law to provide health care 
services. 
(5) The term ‘‘related health care entity’’ 
means an entity with which a health care profes-
sional has a professional affiliation under which the 
health care professional performs health care serv-
ices, including a skilled nursing facility, hospital, 
academic medical center, ambulatory surgical center, 
group medical practice, or medical clinic. 
(6) The term ‘‘professional affiliation’’ includes 
staff privileges, medical staff membership, employ-
ment or contractual relationship, partnership or 
ownership interest, academic appointment, or other 
affiliation under which a health care professional 
provides health care services on behalf of, or in asso-
ciation with, the related health care entity. 
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(7) The term ‘‘health care services’’ means any 
services rendered or items provided by a health care 
professional or related health care entity, or by any 
individual working under the supervision of a health 
care professional, that relate to— 
(A) the treatment, diagnosis, prevention, 
or mitigation of COVID–19; 
(B) the treatment, diagnosis, or care with 
respect to an individual with a confirmed or 
suspected case of COVID–19; or 
(C) the treatment, diagnosis, or care with 
respect to an individual who presents to a 
health care professional or related health care 
entity during the emergency period. 
Æ 
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