PRINTER'S NO. 337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
330
Session of
2021
INTRODUCED BY BROOKS, ARGALL, MARTIN, HUTCHINSON, STEFANO,
AUMENT AND J. WARD, MARCH 10, 2021
REFERRED TO JUDICIARY, MARCH 10, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for limitations on liability in civil
actions during state of disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8331.4. Limitations on liability in civil actions during
state of disaster emergency.
(a) Health care services.--After a declaration of disaster
emergency declared by the Governor under 35 Pa.C.S. § 7301(c)
(relating to general authority of Governor) and during the
period of the state of disaster emergency, the following shall
be immune from a medical professional liability claim, medical
liability action or other civil claim of negligence for any act
or omission in the course of rendering health care during the
state of disaster emergency:
(1) A health care practitioner or health care provider
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that provides health care services for or through a health
care facility or a Federal, State or municipal governmental
agency and provides the health care services in a manner that
is outside or exceeds the normal scope of the health care
practice or specialty of the health care practitioner or
health care provider.
(2) A volunteer practitioner that returns to the
practice of medicine in response to the state of disaster
emergency.
(3) A health care practitioner or health care provider,
acting in compliance with an executive order or guidelines
issued by a Federal, State or municipal government in
relation to the state of disaster emergency, that cancels,
discontinues or otherwise alters the health care services
provided by the health care practitioner or health care
provider.
(4) A health care practitioner or health care provider,
acting in good faith, that engages in an action or omission
which results in an injury to another because the health care
practitioner or health care provider is unable to provide the
required level or manner of care due to a lack of resources
attributable to the state of disaster emergency.
(b) Health care equipment.--After a declaration of disaster
emergency declared by the Governor under 35 Pa.C.S. § 7301(c)
and during the period of the state of disaster emergency, any
person or entity that manufactures, distributes or uses health
care equipment, including any atypical or novel utilization of
health care equipment justified by the state of disaster
emergency, in response to the state of disaster emergency shall
be immune from a products liability claim, including, but not
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limited to, a negligence claim, strict liability claim, warranty
claim or any other civil claim of negligence for an act or
omission that is related to the proper use, condition or nature
of the health care equipment.
(c) Vicarious liability.--No vicarious liability shall
attach to the employer of an individual who is immune under this
section.
(d) Applicability.--
(1) This section shall not apply to a claim or cause of
action that merely coincides in time with the state of
disaster emergency declared by the Governor under 35 Pa.C.S.
§ 7301(c) when the act or omission giving rise to the claim
or cause of action is not associated with the response to the
state of disaster emergency.
(2) This section shall not apply to any criminal action,
intentional tort or incident of gross negligence.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Health care equipment." Any medical device, testing
equipment, treatment tool, diagnostic equipment or goods
manufactured or used for the purpose of health care treatment or
personal protection.
"Health care facility." As follows:
(1) As defined in section 103 of the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities
Act.
(2) Any of the following:
(i) A temporary site operated during a state of
disaster emergency declared by the Governor under 35
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Pa.C.S. § 7301(c), including any of the following:
(A) A facility authorized to operate in
accordance with Federal, State and local laws or
ordinances and regulations.
(B) A legal entity, including any parent
organization, with the primary purpose of providing
health care.
(ii) A facility licensed as a hospital under 28
Pa. Code Pt. IV Subpt. B (relating to general and special
hospitals).
(iii) A hospital as defined in section 802.1 of the
Health Care Facilities Act.
(iv) A nursing facility licensed under the Health
Care Facilities Act.
(v) A personal care home as defined in section 1001
of the act of June 13, 1967 (P.L.31, No.21), known as the
Human Services Code.
(vi) A primary health care center that is a
community-based, nonprofit corporation operating in
accordance with the standards prescribed by the
Department of Health that provides preventative,
diagnostic, therapeutic and basic emergency health care
by health care practitioners who are employees of or
under contract with the primary health care center.
(vii) Any other facility that is authorized to
provide health care in accordance with Federal, State and
local laws or ordinances and regulations or under a
waiver granted by a Federal, State or municipal
government agency for the primary purpose of providing
health care during a state of disaster emergency declared
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by the Governor under 35 Pa.C.S. § 7301(c), including any
parent organization of the facility.
(viii) Any clinical laboratory certified under the
Federal Clinical Laboratory amendments in section 353 of
the Public Health Service Act (48 Stat. 682, 42 U.S.C. §
263a) or licensed under the act of September 26, 1951
(P.L.1539, No.389), known as The Clinical Laboratory Act.
(ix) Any child care center or family child care home
licensed by the Department of Human Services under the
Human Services Code.
(x) Any home care agency defined as an entity
licensed as a home care agency under Health Care
Facilities Act.
(xi) Any home health care agency defined as an
entity licensed as a home health care agency under the
Health Care Facilities Act.
"Health care practitioner." As defined in section 103 of the
Health Care Facilities Act.
"Health care provider." A person or entity or an officer,
employee or agent of the person or entity, including a
corporation, university or other educational institution,
licensed or approved by the Commonwealth to provide health care
or professional medical services as a physician, certified nurse
midwife, podiatrist, hospital, nursing home, birth center and
any other entity whose primary purpose is to provide medical
care. The term includes any of the following:
(1) An individual employed or contracted by a health
care practitioner or health care facility who is involved in
providing health care.
(2) A licensed, certified or otherwise authorized person
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or entity that provides emergency medical services as defined
in 35 Pa.C.S. § 8103 (relating to definitions) or a person or
entity employed or contracted to operate an ambulance,
including any parent organization of the person or entity.
"Medical professional liability action." A proceeding in
which a medical professional liability claim is asserted,
including an action in a court of law or an arbitration
proceeding.
"Medical professional liability claim." A claim seeking the
recovery of damages or loss from a health care provider arising
out of any tort or breach of contract causing injury or death
resulting from the furnishing of health care services which were
or should have been provided.
"Volunteer practitioner." Any of the following who provide
health care services without remuneration from a health care
facility, hospital nursing home or primary health care center:
(1) A health care practitioner.
(2) An individual who has retired or otherwise ceased
work as a health care practitioner and satisfies all of the
following:
(i) The individual is otherwise qualified as a
health care practitioner within five years preceding a
state of disaster emergency declared by the Governor
under 35 Pa.C.S. § 7301(c).
(ii) The individual was not subject to disciplinary
action at the time of retirement or work cessation.
Section 2. This act shall take effect immediately.
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