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Emergency Law Inventory | Full Law Text

Law Number

A.S.C.A 13.0322

Summary Title

Liability: Individual Providing Assistance or Advice during Public Health Emergency

Summary

When a public health emergency declaration is in effect, an individual who, under orders from a Department of Health official, provides assistance or advice will not be held legally responsible for providing assistance or advice. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. They can also be held legally responsible if they caused or contributed to the public health emergency.

Full Title

Private liability

Full Text

(a) During a declared public health emergency, any non-governmental person and employees and agents of such person under the direction of the director or his duly appointed agent, or who renders assistance or advice at the request of the director or his duly appointed agent shall not be civilly liable for causing the death of, or injury to, any individual or damage to any property except in the event of gross negligence or willful misconduct. (b) The immunities provided in this section shall not apply to any person whose act or omission caused in whole or part the event or occurrence of a public health emergency and who would otherwise be liable for the public health emergency.

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