21-68-1. Definitions.

Terms used in this chapter mean:

(1)    "COVID-19," the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;

(2)    "Disinfecting or cleaning supplies," hand sanitizers, disinfectants, sprays, and wipes;

(3)    "First responders," law enforcement officers, firemen, emergency medical services workers, and other similarly situated persons;

(4)    "Health care facility":

(a)    Any facility regulated under chapter 34-12; or

(b)    Residential care facilities, nursing facilities, intermediate care facilities for persons with mental illness, intermediate care facilities for persons with intellectual disabilities, hospice programs, elder group homes, dental clinics, orthodontic clinics, optometric clinics, chiropractic clinics, and assisted living programs;

(5)    "Health care professional," physicians and other health care practitioners who are licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care services in the ordinary course of business or in the practice of a profession, whether paid or unpaid, including persons engaged in telemedicine or telehealth. The term includes the employer or agent of a health care professional who provides or arranges health care;

(6)    "Health care provider," a health care professional, health care facility, home health care facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, rule, order, or public health guidance to administer health care services or treatment, including first responders;

(7)    "Health care services," services for the diagnosis, prevention, treatment, care, cure, or relief of a health condition, illness, injury, or disease;

(8)    "Person," a natural person, corporate or common law entity, business entity registered pursuant to § 37-11-1, and the state and any political subdivision thereof, including school districts. The term includes an agent of a person;

(9)    "Personal protective equipment," protective clothing, gloves, face shields, goggles, facemasks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or the spread of infection or illness;

(10)    "Premises," any real property and any appurtenant building or structure, and any vehicle, serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose;

(11)    "Public health guidance," written guidance related to COVID-19 issued by any of the following:

(a)    The Center for Disease Control and Prevention of the federal Department of Health and Human Services;

(b)    The Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services;

(c)    The federal Occupational Safety and Health Administration;

(d)    The Office of the Governor; or

(e)    Any state agency, including the Department of Health;

(12)    "Qualified product":

(a)    Personal protective equipment used to protect the wearer from COVID-19 or to prevent the spread of COVID-19;

(b)    Medical devices, equipment, and supplies used to treat COVID-19, including medical devices, equipment, or supplies that are used or modified for an unapproved use to treat COVID-19 or to prevent the spread of COVID-19;

(c)    Medical devices, equipment, and supplies used outside of their normal use to treat COVID-19 or to prevent the spread of COVID-19;

(d)    Medications used to treat COVID-19, including medications prescribed or dispensed for off-label use to attempt to treat COVID-19;

(e)    Tests to diagnose or determine immunity to COVID-19; or

(f)    Any component of an item described in this subdivision.

(13)    "Vehicle," a device used for transporting people, goods, or substances, including, but not limited to, an automobile, truck, bus, train, helicopter, or airplane.

Source: SL 2021, ch 91, § 1.