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Ex. DUT-NJ-007 Standing duty Primary source read

P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications

COVID-19 health care civil and criminal immunity act (P.L. 2020, c. 18)

New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy · New Jersey (State)

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The record

Jurisdiction
New Jersey
Level
State
Authority
P.L. 2020, c. 18
Issued
2020-04-14 Apr. 14, 2020
Effective
2020-04-14 (s. 4: 'take effect immediately'); section 1 retroactive to March 9, 2020 (read as 2020-04-14)
End
2021-09-01 for conduct thereafter (P.L. 2021, c. 103, s. 2, Ex. NJ-053), except individuals engaged in COVID-19 vaccination or testing (read as 2021-09-01)
In force
Apr. 14, 2020 to Sept. 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersOther
Addressees
  • health care professionals, health care facilities and health care systems (and, under s. 1(d), facilities applying scarce-critical-resource allocation policies); no other employer
Character
liability shield condition
Collection
Standing duties: New Jersey DUT-NJ

Operative words

a health care professional shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical services in support of the State's response to the outbreak of coronavirus disease during the public health emergency and state of emergency

Penalty

None (immunity provision); the condition confines the shield to conduct in support of the State's response and in good faith to prevent the spread of COVID-19

What it required

Immunity was conferred on health care professionals, facilities and systems only, and only for acts 'in support of the State's response' or 'undertaken in good faith... to support efforts to treat COVID-19 patients and to prevent the spread of COVID-19,' excluding crime, actual fraud, actual malice, gross negligence, recklessness or willful misconduct; no business outside health care received any immunity.

Retrieval note

Official enacted chapter law (134 KB). Section 1(a) is a legislative statement of intent recorded 'because of the lack of committee hearings.' EO 112 (Ex. NJ-008) conferred the parallel immunity by order on Apr. 1, 2020. P.L. 2021, c. 103, s. 2 (C.26:13-33) (Ex. NJ-053) made the immunity 'last until September 1, 2021, and then expire on that date.' New Jersey enacted no general business shield; the proposed A4189 is Ex. DUT-NJ-008.