Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13) › Section 11-71-3 - [For effective and expiration dates, see note below] Definitions

As used in this chapter, the following words shall have the following meanings:
(a)
"COVID-19" means the novel coronavirus identified as SARS-CoV-2, the disease, health condition or threat caused by the novel coronavirus SARS-CoV-2, or a virus mutating therefrom, and conditions associated with the disease.
(b)
"COVID-19 State of Emergency" means:
(i)
A public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services under Section 319 of the Public Health Service Act (
42 USC Section 247d
);
(ii)
A Presidential declaration of emergency related to COVID-19 under the National Emergencies Act or the Stafford Act; or
(iii)
A state of emergency related to COVID-19 proclaimed by the Governor of the State of Mississippi under Section
33-15-11(b)(17)
.
(c)
"Disinfecting or cleaning supplies" includes, but is not limited to, hand sanitizers, cleaners, disinfectants, sprays and wipes intended for use in removal or mitigation of bacterial or viral disease-causing agents from surfaces or spaces.
(d)
"First responder" means state and local law enforcement personnel, fire department personnel, emergency medical personnel, ambulance service provider personnel, emergency management personnel and public works personnel who may be deployed in response to the COVID-19 state of emergency.
(e)
"Health care facility" means:
(i)
Any facility in which health care services are provided, including, but not limited to, any licensed or state-approved facility; or
(ii)
Any field hospital, modular field-treatment facility or other facility designated by the State Department of Health or the Mississippi Emergency Management Agency for temporary use for the purpose of providing health care services related to the COVID-19 state of emergency.
(f)
"Health care professional" means:
(i)
A person who is licensed, registered, permitted, or certified in any state to provide health care services, whether paid or unpaid, including persons engaged in telemedicine or telehealth, and any employee, agent or contractor of such person;
(ii)
An emergency medical technician who is licensed in any state; or
(iii)
A volunteer or military personnel who is approved by or works under the direction of the State Department of Health or the Mississippi Emergency Management Agency and who provides health care services in response to the COVID-19 state of emergency in the State of Mississippi.
(g)
"Health care services" means any care, treatment, service, or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition.
(h)
"Person" means an individual, the state and political subdivisions as defined in Section
11-46-1
, association, educational entity, for-profit or nonprofit entity, religious organization or charitable organization.
(i)
"Personal protective equipment" means coveralls, face shields, gloves, gowns, masks, respirators or other equipment designed to protect the wearer from the spread of infection or illness.
(j)
"Premises" means any physical place serving a commercial, residential, educational, religious, governmental, cultural, charitable or health care purpose.
(k)
"Public health guidance" means written guidance related to the COVID-19 state of emergency that is issued by an executive agency or regulatory agency of the federal government or an executive agency of the State of Mississippi.
(l)
"Qualified product" means personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19; medical devices, equipment, and supplies used to treat a person with 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 the product's normal use to treat a person with COVID-19 or to prevent the spread of COVID-19; medications used to treat COVID-19, including medications prescribed or dispensed for off-label use to attempt to combat COVID-19; tests to diagnose or determine immunity to COVID-19 which have been approved by or submitted to the United States Food and Drug Administration ("FDA") for approval within FDA-prescribed time periods; and components of qualified products.
Added by Laws, 2020, ch. 475, SB 3049,§ 2.
Effective Date - Expiration Date:
Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."