Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                               SENATE BILL 13
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 By: Senator D. Sullivan
 By: Representative Gonzales
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                                   For An Act To Be Entitled
                AN ACT TO CODIFY EXECUTIVE ORDERS 20-18 AND 20-34 TO
                ENSURE HEALTHCARE PROFESSIONALS ARE EQUIPPED WITH THE
                TOOLS NECESSARY TO COMBAT CORONAVIRUS 2019 (COVID-19)
                AND HAVE ACCESS TO HEALTHCARE RESOURCES TO TREAT
                CORONAVIRUS 2019 (COVID-19); TO DECLARE AN EMERGENCY;
                AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO CODIFY EXECUTIVE ORDERS 20-18 AND
                         20-34 TO ENSURE HEALTHCARE PROFESSIONALS
                         ARE EQUIPPED WITH THE TOOLS NECESSARY TO
                         COMBAT CORONAVIRUS 2019 (COVID-19); AND
                         TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.         Arkansas Code  12-75-103, concerning the definitions
 within the Arkansas Emergency Services Act of 1973, is amended to add
 additional subdivisions to read as follows:
                (23)       "Emergency management functions" means functions that
 include:
                           (A)   Triage, diagnostic testing, or treatment, or a
 combination of triage, diagnostic testing, or treatment, provided to
 individuals who are known to have or suspected to have coronavirus 2019
 (COVID-19);
                           (B)   Cancelling, postponing, or denying elective procedures
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 or other routine care for an illness or condition that does not fall within
 the scope of the coronavirus 2019 (COVID-19) pandemic;
                    (C)   Redeploying or cross training staff not typically
 assigned to duties as described in subdivision (23)(A) or subdivision (23)(B)
 of this section, or both, to the extent necessary to respond to the
 coronavirus 2019 (COVID-19) pandemic;
                    (D)   Planning to enact or enacting crisis standard-of-care
 measures, including without limitation modifying the number of beds
 available, preserving personal protective equipment, and triaging access to
 services or equipment; and
                    (E)   Reducing recordkeeping requirements to the extent
 necessary for healthcare providers to perform tasks as may be necessary to
 respond to the coronavirus 2019 (COVID-19) pandemic;
             (24)   "Healthcare provider" means:
                    (A)   An individual who is licensed, certified, or otherwise
 authorized by law to administer health care in the ordinary course of the
 practice of his or her profession; or
                    (B)   A partnership, association, corporation, or other
 facility or institution that employs or contracts with individuals to provide
 healthcare services in the normal course and scope of business or operation;
 and
             (25)   "Healthcare service" means any act or treatment performed
 by any healthcare provider to a patient during the patient's medical care,
 treatment, or hospitalization.
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       SECTION 2.    Arkansas Code Title 12, Chapter 75, Subchapter 1, is
 amended to add additional sections to read as follows:
       12-75-134.    COVID-19 pandemic  Healthcare providers  Immunity.
       (a)   In response to the coronavirus 2019 (COVID-19) pandemic, all
 healthcare providers licensed and permitted to practice in the state are
 requested to and may provide:
             (1)    Services in support of this state and the administrators of
 this state; and
             (2)    Healthcare services, assistance, and advice.
       (b)   When necessary, healthcare providers affected by coronavirus 2019
 (COVID-19) shall remove limits on working hours for physicians, physician
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 assistants, specialist assistants, nurse practitioners, licensed registered
 nurses, and licensed practical nurses to maintain adequate staffing and
 otherwise respond to coronavirus 2019 (COVID-19).
       (c)   For the purposes of diagnosing, treating, mitigating, or curing
 coronavirus 2019 (COVID-19), a healthcare provider may use any drug, device,
 or product:
                (1)   Approved or cleared under the Federal Food, Drug, and
 Cosmetic Act, 21 U.S.C.  301-392, as existing on January 1, 2021;
                (2)   Licensed under the Public Health Service Act, 42 U.S.C. 
 201-291n, as existing on January 1, 2021; and
                (3)   Authorized for emergency use under an Investigational Device
 Exemption or Investigational New Drug Application of the Federal Food, Drug,
 and Cosmetic Act, 21 U.S.C.  301-392, as existing on January 1, 2021.
       (d)(1)     A healthcare provider may:
                         (A)   Provide healthcare services that are directed at the
 treatment or mitigation of coronavirus 2019 (COVID-19) or its symptoms in
 response to the coronavirus 2019 (COVID-19) pandemic;
                         (B)   Perform healthcare services directed at the
 prevention, treatment, mitigation, or cure of coronavirus 2019 (COVID-19);
 and
                         (C)   Perform other emergency management functions related
 to coronavirus 2019 (COVID-19) within the scope of his or her licensure.
                (2)   A healthcare provider shall be considered an emergency
 responder when providing or performing healthcare services or functions as
 described by subdivision (d)(1) of this section and is subject to the same
 immunity from liability as provided in  12-75-128.
       (e)   In addition to immunity under  12-75-128, a healthcare provider
 is immune from liability:
                (1)(A)     For death, injury, or property damage alleged to have
 been sustained as a result of any act or omission by the healthcare provider
 in the course of performing emergency management functions related to
 coronavirus 2019 (COVID-19) if the act or omission:
                                (i)    Occurs as a result of a good faith effort of the
 healthcare provider; and
                                (ii)   Was the direct result of the healthcare
 provider's providing a healthcare service to a patient for the treatment and
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 mitigation of coronavirus 2019 (COVID-19) or its symptoms.
                     (B)   However, the immunity under subdivision (e)(1)(A) of
 this section does not apply to an act or omission that is willful, reckless,
 or intentional misconduct; and
               (2)   For using any prescription drug or device to treat a patient
 who is known to have or suspected to have coronavirus 2019 (COVID-19) if:
                     (A)   The prescription of the drug or device is within the
 scope of the healthcare provider's license;
                     (B)   The healthcare provider prescribes the drug or device
 in accordance with the most current written recommendations of a United
 States Government agency; and
                     (C)   The healthcare provider informs the patient of known
 positive and negative outcomes of the prescription drug or device and
 documents the informed consent of the patient to the treatment in the
 patient's medical record.
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      12-75-135.      Department of Health  Emergency medical treatment
 protocol.
      (a)(1)     The Department of Health shall coordinate and maintain an
 emergency medical treatment protocol for pandemics, including without
 limitation the coronavirus 2019 (COVID-19) pandemic, and keep the protocol
 current.
               (2)   The protocol may include without limitation:
                     (A)   Emergency management functions; and
                     (B)   Services provided in response to personnel shortages.
      (b)(1)     In preparing and revising the protocol, the department shall
 seek the advice and assistance of state agencies, local government, business,
 labor, industry, agriculture, civic, and volunteer organizations, and
 community leaders.
               (2)   In advising local and jurisdictional agencies, the
 department shall encourage the local and jurisdictional agencies also to seek
 advice from the entities listed in subdivision (b)(1) of this section.
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      SECTION 3.      EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that the healthcare providers need
 flexibility and emergency procedures in place to combat coronavirus 2019
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 (COVID-19) and other medical pandemics; that healthcare providers should be
 shielded from lawsuits during the coronavirus 2019 (COVID-19) pandemic so as
 to protect them from potentially frivolous actions while the healthcare
 providers are battling to save lives; and that this act is immediately
 necessary because healthcare providers need legal protections, flexibility,
 and emergency procedures in place for pandemics in order to provide proper
 healthcare services, assistance, and advice during the coronavirus 2019
 (COVID-19) pandemic. Therefore, an emergency is declared to exist, and this
 act being immediately necessary for the preservation of the public peace,
 health, and safety shall become effective on:
            (1)   The date of its approval by the Governor;
            (2)   If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)   If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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Statutes affected: 
SB 13: 12-75-103