SEC. 2. LIMITATION ON LIABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(c), no person shall be liable in any civil action for the 
spread or possible transmission of SARS–COV–2 caused 
by an act or omission of the person acting in good faith 
between January 1, 2020, and the date that is 18 months 
after the end of the emergency period (as defined in sec-
tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
1320b–5(g)(1)(B))). 
(b) PREEMPTION.—The laws of a State or any polit-
ical subdivision of a State are hereby preempted to the 
extent such laws are inconsistent with this section, unless 
such laws provide greater protection from liability. 
(c) EXCEPTIONS.—Subsection (a) does not apply if 
the harm is shown, by clear and convincing evidence, to 
be caused by an act or omission constituting willful or 
criminal misconduct, reckless misconduct, gross neg-
ligence, or a conscious flagrant indifference to the rights 
or safety of the individual harmed by the person. For pur-
poses of this section, infection with SARS–COV–2 may 
not be the basis for damages arising from bodily injury 
except to the extent that such injury is serious bodily in-
jury. 
(d) DEFINITIONS.—In this section: 
(1) PERSON.—The term ‘‘person’’ includes— 
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(A) one or more individuals, business 
trusts, legal representatives, corporations, com-
panies, associations, firms, partnerships, soci-
eties, 
joint 
stock 
companies, 
universities, 
schools, nonprofit organizations, or religious or-
ganizations; or 
(B) any organized group of entities de-
scribed in subparagraph (A). 
(2) GOOD
FAITH.—The term ‘‘good faith’’ 
means making reasonable efforts to act in compli-
ance with— 
(A) applicable guidance from a Federal, 
State, local, territorial, or Tribal public health 
authority; or 
(B) appropriate professional or industry 
standards, recommendations, or guidance. 
(3) SERIOUS BODILY INJURY.—The term ‘‘seri-
ous bodily injury’’ means— 
(A) death or injury requiring in-patient 
hospitalization of at least 48 hours; 
(B) permanent impairment of a bodily 
function; or 
(C) permanent damage to a body struc-
ture. 
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(e) APPLICABILITY.—The limitation in this section 
shall be applicable in cases filed before, on, or after the 
date of enactment of this Act. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as superseding or weakening any 
Federal statute or other provision of Federal law that pre-
empts the authority or actions of a State, territory, a polit-
ical subdivision of a State or territory, or an Indian Tribe 
to regulate the practices or services of certain businesses 
or industries. 
SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PRO-
FESSIONALS DURING COVID–19 EMERGENCY 
RESPONSE. 
(a) LIMITATION ON LIABILITY.—Except as provided 
in subsection (b), a provider of health care services, includ-
ing a health care professional, shall not be liable under 
Federal or State law for the spread or possible trans-
mission of SARS–COV–2 caused by an act or omission 
of the provider in the provision of health care services act-
ing in good faith between January 1, 2020, and the date 
that is 18 months after the end of the emergency period 
(as defined in section 1135(g)(1)(B) of the Social Security 
Act (42 U.S.C. 1320b–5(g)(1)(B))), if— 
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(1) the provider is providing health care serv-
ices significantly impacted by, or in response to, the 
COVID–19 pandemic; and 
(2) the act or omission— 
(A) occurs in the course of providing 
health care services that are within the scope of 
the license, registration, or certification of the 
professional, as defined by the State of licen-
sure, registration, or certification; 
(B) does not exceed the scope of license, 
registration, or certification of a substantially 
similar health professional in the State in which 
such act or omission occurs; and 
(C) is undertaken in a good faith belief 
that the individual being treated is in need of 
health care services. 
(b) EXCEPTIONS.—Subsection (a) does not apply if— 
(1) the harm is shown, by clear and convincing 
evidence, to be caused by an act or omission of the 
provider of health care services constituting willful 
or criminal misconduct, reckless misconduct, gross 
negligence, or a conscious flagrant indifference to 
the rights or safety of the individual harmed by the 
health care professional; or 
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(2) the provider of health care services rendered 
the health care services under the influence (as de-
termined pursuant to applicable State law) of alcohol 
or an intoxicating drug. 
(c) PREEMPTION.—The laws of a State or any polit-
ical subdivision of a State are hereby preempted to the 
extent such laws are inconsistent with this section, unless 
such laws provide greater protection from liability. 
(d) DEFINITIONS.—In this section— 
(1) The term ‘‘good faith’’ means making rea-
sonable efforts to act in compliance with— 
(A) applicable guidance from a Federal, 
State, local, territorial, or Tribal public health 
authority; or 
(B) appropriate professional or industry 
standards, recommendations, or guidance. 
(2) The term ‘‘health care professional’’ means 
an individual who is licensed, registered, certified, or 
otherwise authorized under a Federal or State law 
to provide health care services. 
(3) The term ‘‘health care services’’ means any 
service provided by a health care professional, or by 
any individual working under the supervision of a 
health care professional, that relates to the diag-
nosis, prevention, or treatment of COVID–19. 
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