{"id":"DUT-OK-015","kind":"duty","level":"state","jurisdiction":"Oklahoma","state":"OK","metro":"","industry":"","agency":"","eco":"","issuer":"Oklahoma Legislature (Senate Bill 300, 2d Sess., 57th Leg.)","authority":"Laws 2020, SB 300, c. 12, sec. 1, emerg. eff. May 12, 2020; codified at 63 O.S. 6406 within the Catastrophic Health Emergency Powers Act chapter","instrument":"63 O.S. 6406 (SB 300, 2020), COVID-19 Public Health Emergency Limited Liability Act","title":"Short Title - Definitions - Immune from Civil Liability - Effective Dates","dateIssued":"2020-05-12","effective":"2020-05-12","end":"\u0027until October 31, 2020, or until such time as the Governor affirmatively concludes the emergency declarations specified in paragraph 1 of subsection B of this section, whichever is later\u0027 (the emergency was withdrawn effective May 4, 2021, Ex. OK-041)","startDate":"2020-05-12","endDate":"2020-10-31","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["HC","COND","EMER"],"addressees":["health care facilities and health care providers as defined in 63 O.S. 6104"],"clause":"A health care facility or health care provider shall be immune from civil liability... if: 1. The act or omission occurred in the course of arranging for or providing COVID-19 health care services... in response to or as a result of the COVID-19 public health emergency; and 2. The act or omission was not the result of gross negligence or willful or wanton misconduct","enforcement":"Loss of immunity (gross negligence, willful or wanton misconduct; non-COVID patients)","functions":[],"notes":"Health care facilities and providers were immune only for acts and omissions in COVID-19 care taken \u0027in response to or as a result of the COVID-19 public health emergency\u0027, a term the Legislature defined as the emergencies declared by EO 2020-07 under the Emergency Management Act \u0027beginning on March 15, 2020\u0027 and by EO 2020-13 under the Catastrophic Health Emergency Powers Act \u0027beginning on April 8, 2020\u0027; the condition is the emergency response, not compliance with guidance, and is recorded as such; subsection D withholds immunity for care of persons without a suspected or confirmed COVID-19 diagnosis.","sourceUrl":"https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=486562","snapshot":"","fileExists":true,"fileBytes":376906,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-OK","url":"/library/DUT-OK-015","exhibitUrl":"/exhibit/DUT-OK-015","citation":"Oklahoma Legislature (Senate Bill 300, 2d Sess., 57th Leg.), 63 O.S. 6406 (SB 300, 2020), COVID-19 Public Health Emergency Limited Liability Act (May 12, 2020) (Ex. DUT-OK-015)","stateName":"Oklahoma","related":["OK-041"]}