Section 537.1000

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2021   

  537.1000.  Definitions. — As used in sections 537.1000 to 537.1035, the following terms mean:

  (1)  "Businesses, services, activities, or accommodations", any act by an individual or entity, irrespective of whether the act is carried on for profit;

  (2)  "Covered product", a pandemic or epidemic product, drug, biological product, device, or an individual component thereof to combat COVID-19, excluding any vaccine or gene therapy;

  (3)  "COVID-19", any disease, health condition, or threat of harm caused by the severe acute respiratory syndrome coronavirus 2 or a virus mutating therefrom;

  (4)  "COVID-19 exposure action", a civil action:

  (a)  Brought by a person who suffered personal injury or a representative of a person who suffered personal injury;

  (b)  Brought against an individual or entity engaged in businesses, services, activities, or accommodations; and

  (c)  Alleging that an actual, alleged, feared, or potential for exposure to COVID-19 caused the personal injury or risk of personal injury that occurred in the course of the businesses, services, activities, or accommodations of the individual or entity;

  (5)  "COVID-19 medical liability action", a civil action:

  (a)  Brought by a person who suffered personal injury, or a representative of a person who suffered personal injury;

  (b)  Brought against a health care provider; and

  (c)  Alleging any harm, damage, breach, or tort resulting in the personal injury alleged to have been caused by, arising out of, or related to a health care provider's act or omission in the course of arranging for or providing COVID-19 related health care services if such health care provider's decisions or activities with respect to such person are impacted as a result of COVID-19;

  (6)  "COVID-19 products liability action", a civil action:

  (a)  Brought by a person who suffered personal injury or a representative of a person who suffered personal injury;

  (b)  Brought against an individual or entity engaged in the design, manufacturing, importing, distribution, labeling, packaging, lease, sale, or donation of a covered product; and

  (c)  Alleging any harm, damage, breach, or tort resulting in the personal injury alleged to have been caused by, arising out of, or related to the design, manufacture, importation, distribution, labeling, packaging, lease, sale, or donation of a covered product;

  (7)  "COVID-19 related action", a COVID-19 exposure action, a COVID-19 medical liability action, or a COVID-19 products liability action;

  (8)  "COVID-19 related health care services", any act or omission by a health care provider, regardless of the location, that relates to:

  (a)  The diagnosis, prevention, or treatment of COVID-19;

  (b)  The assessment or care of an individual with a confirmed or suspected case of COVID-19; or

  (c)  The care of any individual who is admitted to, presents to, receives services from, or resides at, a health care provider for any purpose if such health care provider's decisions or activities with respect to such individual are impacted as a result of COVID-19;

  (9)  "Employer", any person serving as an employer or acting directly in the interest of an employer in relation to an employee.  The term employer shall include a public entity, but shall not include any labor organization, other than when acting as an employer, or any person acting in the capacity of officer or agent of such labor organization;

  (10)  "Harm":

  (a)  Physical and nonphysical contact that results in personal injury to an individual; and

  (b)  Economic and noneconomic losses;

  (11)  "Health care provider", any physician, hospital, health maintenance organization, ambulatory surgical center, long-term care facility including those licensed under chapter 198, dentist, registered or licensed practical nurse, optometrist, podiatrist, pharmacist, chiropractor, professional physical therapist, psychologist, physician-in-training, any person authorized to practice consumer-directed services, personal care assistance services, or home-based care, any person providing behavioral or mental health services, any person or entity that provides health care services pursuant to a license or certificate, and the respective employers or agents of any such person or entity providing health care services, and any person, health care system, or other entity that takes measures to coordinate, arrange for, provide, verify, respond to, or address issues related to the delivery of health care services;

  (12)  "Individual or entity":

  (a)  Any natural person, employee, public employee, employer, corporation, company, trade, business, firm, partnership, joint stock company, educational institution, labor organization, or similar organization or group of organizations;

  (b)  Any nonprofit organization, foundation, society, or association organized for religious, charitable, educational, or other purposes; or

  (c)  State or local government;

  (13)  "Local government", any county, city, town, village, or other political subdivision of this state, including any school district or charter school as well as the bi-state authority created in chapter 70;

  (14)  "Personal injury", actual or potential physical injury to an individual or death caused by a physical injury and includes mental suffering, emotional distress, or similar injuries suffered by an individual in connection with a physical injury;

  (15)  "Recklessness", a conscious, voluntary act or omission in reckless disregard of:

  (a)  A legal duty; and

  (b)  The consequences to another party;

  (16)  "Religious organization", any church, synagogue, mosque, or any entity that has or would qualify for federal tax-exempt status as a nonprofit religious organization under Section 501(c) of the Internal Revenue Code;

  (17)  "Willful misconduct", an act or omission that is taken:

  (a)  Intentionally to achieve a wrongful purpose; or

  (b)  In disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.

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(L. 2021 S.B. 51 & 42)

Expires 8-28-25; see § 537.1035