2022 Code of Alabama
Title 6 - Civil Practice.
Chapter 5 - Actions.
Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.
Section 6-5-791 - Definitions.
Section 6-5-791
Definitions.
(a) For purposes of this article, the following terms shall have the following meanings:
(1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of covered entity and to the health emergency claim at issue.
(2) BUSINESS ENTITY. A person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit, including entities incorporated as nonprofit corporations pursuant to Chapter 3 of Title 10A, self-employed individuals, business entities filing articles of incorporation, cooperative corporations, partnerships, limited partnerships, limited liability companies, as well as foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and other organizations, or their assigns.
(3) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.
(4) CORONAVIRUS. Coronavirus disease 2019, commonly abbreviated as "COVID-19," for which the Governor declared a public health emergency on March 13, 2020, or any mutation thereof that is declared a public health emergency under the Emergency Management Act.
(5) COVERED ENTITY. Any of the following:
a. A business entity.
b. A health care provider.
c. An educational entity.
d. A church.
e. A governmental entity.
f. A cultural institution.
g. Any director, officer, trustee, manager, member, employee, or agent of the covered entity with respect to any act or omission performed while acting on behalf of the covered entity.
(6) CULTURAL INSTITUTION. An organized and permanent nonprofit or public or private institution in this state operated by, or a division of, a nonprofit corporation, trust, association, educational institution, or governmental entity, that is primarily educational, scientific, historical, or aesthetic in purpose, and that owns, borrows, cares for, studies, archives, or exhibits cultural property. The term includes art, history, science and natural history museums, archives, libraries, historical societies, historical sites, and science and technology centers.
(7) DAMAGES. Economic damages, non-economic damages for mental anguish and emotional distress, compensatory damages, consequential damages, punitive damages, and any other damages arising from any injury, death, or property damage or otherwise.
(8) EDUCATIONAL ENTITY. Any public or private pre-K or K-12 school or public or private two-year or four-year institution of higher education.
(9) EMERGENCY MANAGEMENT ACT. The Alabama Emergency Management Act of 1955, Section 31-9-1, et seq.
(10) GOVERNMENTAL ENTITY. The state, a county, or a municipality or any instrumentality of the state, a county, or a municipality.
(11) HEALTH CARE PROVIDER. Those facilities, professionals, and personnel, including, but not limited to, the following:
a. Any health care provider as that term is defined in Section 6-5-542(1) or Section 6-5-481(1)-(8).
b. Any health care facility licensed or approved in this state, including, but not limited to, any facility licensed or approved by the Alabama Department of Public Health or mental health facility certified by the Alabama Department of Mental Health, including any health care facility or pharmacy operating and providing services pursuant to the provisions outlined in the Governor's proclamation of April 2, 2020, and any support personnel of the facility or pharmacy.
c. Any medical or health care professional, individual, or entity holding a license, registration, permit, certification, or approval, including a temporary emergency license, registration, permit, certification, or approval, to practice a health care profession or occupation in this state, including under the federal Public Readiness and Emergency Preparedness Act and any declaration of the Department of Health and Human Services in accordance with that act, under any emergency proclamations, orders, or rules, adopted by a licensing board or agency pursuant to authorizing emergency proclamations or executive orders, or otherwise in response to Coronavirus, including any support personnel of the professional, individual, or entity.
(12) HEALTH CARE SERVICES OR TREATMENT. Any health care service or treatment defined by existing law and Section 6-5-540 et seq.
(13) HEALTH EMERGENCY CLAIM. Any claim that arises from or is related to Coronavirus. All such claims, no matter how denominated, shall be considered a health emergency claim for purposes of this article. The term includes, but is not limited to, any cause of action that is related in any manner to either or both of the following:
a. The actual, alleged, or feared exposure to or contraction of Coronavirus from the premises of a covered entity or otherwise related to or arising from its operations, products, or services provided on or off-premises.
b. The covered entity's efforts to prevent or delay the spread of Coronavirus, including, but not limited to, any of the following:
1. Testing.
2. Monitoring, collecting, reporting, tracking, tracing, disclosing, or investigating exposures or other information.
3. Using or supplying precautionary equipment or supplies such as personal protective equipment.
(14) SERIOUS PHYSICAL INJURY. A death or an injury that requires either in patient hospitalization of at least 48 hours, permanent impairment of a bodily function, or permanent damage to a body structure.
(Act 2021-4, §2.)
