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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 880 By: Jett
AS INTRODUCED
An Act relating to torts; amending Section 1, Chapter
160, O.S.L. 2020 (76 O.S. Supp. 20 20, Section 112),
which relates to the COVID-19 Product Protection Act;
removing definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 160, O.S.L.
2020 (76 O.S. Supp. 2020, Section 11 2), is amended to read as
follows:
Section 112. A. This section sha ll be known and may be cited
as the “COVID-19 Product Protection Act ”.
B. As used in this a ct:
1. “COVID-19” means the novel coronavir us identified as SARS-
CoV-2, the disease caused by SARS-CoV-2, and conditions associated
with the disease;
2. “COVID-19 public health emergency” means any emergency
declared by the Governor of Oklahoma related to COVID-19, including
but not limited to the emergency declared by the Governor by
Executive Order 2020-07, and any amendments thereto, under the
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Oklahoma Emergency Management Act of 2003, Section 683.1 et seq. of
Title 63 of the Oklahoma Statutes, beginning on March 15, 2020, and
the health emergency declared by the Governor by Executive Order
2020-13, and any amendments thereto, under the Catastrophic Health
Emergency Powers Act, Section 6101 et seq. of Title 63 of the
Oklahoma Statutes, beginning on April 8, 2020;
3. “Disinfecting and cleaning su pplies” includes, but is not
limited to, hand sanit izers, disinfectants, sprays , and wipes;
4. “Essential business” means a person or entity:
a. within a critical infrastructure sector as defined by
the United States Department of Homeland Security,
b. defined as essential by the Oklahoma Department of
Commerce through use of the North American Industry
Classification System during the COVID-19 pandemic, or
c. within an industry designated as critical or essential
by Executive Order or Executive Memorandum ;
5. “First responder” means state and local law e nforcement
personnel, fire department personn el and emergency medical
personnel. First responder includes a person authorized by
executive order who will be deployed in response to the COVID -19
pandemic;
6. 5. “Health care facility” and “health care provider” shall
have the same meaning as such terms are defined as provided in
Section 6104 of Title 63 of the Oklahoma Statutes;
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7. 6. “Person” means an individual, firm, partnership,
corporation or associat ion;
8. 7. “Personal protective equipment” means coveralls, face
shields, gloves, gowns, masks, respirat ors, and other equipment
designed to protect the wearer from the spread of infection or
illness; and
9. 8. “Qualified product” means personal protecti ve equipment
used to protect the wearer from COVID -19 or the spread of COVID -19;
medical devices, equipment , or supplies used to treat COVID-19
including products that are used or modified for an unapproved use
to treat COVID-19 or prevent the spread of CO VID-19; medical
devices, equipment, or supplies utilized outside of such product ’s
normal use to treat COVID -19 or to prevent the spre ad of COVID-19;
medications used to treat COVID -19 patients including medications
prescribed or dispensed for off -label use to attempt to combat
COVID-19; tests to diagnose or determine immunity to COVID -19; and
components of qualified products.
C. Except as provided by subsection E of this section, any
person that designs, manufactures, labels, sells, distributes , or
donates disinfecting and cleaning supplies or personal pr otective
equipment during and in response to the COVID -19 public health
emergency that does not make such products in the ordinary course of
business shall not be liable in a civil action alleging personal
injury, death or property damage caused by or resu lting from the
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product’s manufacturing or design, or a fa ilure to provide proper
instructions or sufficient warnings.
D. Except as provided by subsection E of this section, a
government entity, health car e facility, health care pro vider, first
responder, or any business, or the employer or agent of such
business, that utilizes a product meeting the qualifications of
either subsection C or D of this section, shall not be liable in a
civil action alleging pe rsonal injury, death or pro perty damage
caused by or resulting from the selection, distribution , or use of
such product.
E. The immunity provided in subsections C and D of this section
shall not apply to any person, or any employee or agent thereof,
that:
1. a. Had actual knowledge that the product was de fective
when put to the use for which the product was
manufactured, sold, distribut ed, or donated, and
b. Acted with deliberate indifference to or conscious
disregard of a substantial and unnecessary risk that
the product would caus e serious injury to othe rs; or
2. Acted with a deliberate intention to cause har m.
F. Nothing contained i n this section shall be construed to:
1. Relieve a plaintiff of the need to satisfy any required
element of a claim; or
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2. Amend, repeal, alter or affect any other immunit y or
limitation of liability provided for under the laws of this state.
G. The provisions of this section shall apply to any claim
arising on or after the emergency declared by the Governor of
Oklahoma related to COVID-19 by Executive Order 2020-07 on March 15,
2020.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1621 MR 1/21/2021 4:08:26 PM