Sec. 1. (a) This subsection does not apply during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, a person who meets the following criteria may not be held civilly liable for an act or omission relating to the provision of health care services in response to an event that is declared a disaster emergency under IC 10-14-3-12, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency:

(1) Has a license to provide health care services under Indiana law or the law of another state.

(2) Provides a health care service:

(A) within the scope of the person’s license to another person; and

(B) at a location where health care services are provided during an event that is declared as a disaster.

     (b) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, the following apply to the provision of health care services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1) A person providing health care services or emergency medical services, whether in person or through telemedicine services permitted by IC 25-1-9.5, at a facility or other location where health care services or emergency medical services are provided may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2) An employer, including an agency that provides or arranges health care services or emergency medical services, of a person described in subdivision (1) may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

     (c) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. The following do not constitute gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation under this chapter if arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1) Providing services without required personal protective equipment caused by:

(A) a shortage; or

(B) an inability to timely acquire personal protective equipment;

in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2) Providing services without access to adequate or reliable testing for COVID-19, even if the COVID-19 testing that was used received emergency use authorization from the federal Food and Drug Administration.

(3) Using equipment, medicine, or supplies to treat or help prevent the transmission of COVID-19 in a manner that is not approved by the federal Food and Drug Administration.

(4) Providing services that are outside of an individual’s expertise or specialty but within the individual’s scope of practice under IC 16 or IC 25.

As added by P.L.138-2006, SEC.13. Amended by P.L.166-2021, SEC.16.