STATE OF ALABAMA

PROCLAMATION

BY THE GOVERNOR

WHEREAS, on March 13, 2020, I declared the existence of a state public health
emergency based on the appearance of the 2019 novel coronavirus known as COVID-19
in the State of Alabama as the result of the national epidemic and international pandemic;

WHEREAS my March 13, 2020, proclamation included provisions designed to
assist in the delivery of patient care should cases overwhelm health care
providers in Alabama;

WHEREAS my March 13, 2020, proclamation included certain liability protections
for health care facilities, health care professionals, and allied professions and occupations
providing services in response to this pandemic pursuant to the Alabama Emergency
Management Act of 1955, as amended, see Ala. Code 31-9-16;

WHEREAS the health threat posed by COVID-19 is severe and potentially lethal
to many citizens of Alabama;

WHEREAS, in accordance with Ala. Code 31-9-6 and 31-9-8, I have concluded
that it is necessary to promote and secure the safety and protection of the civilian
population by ensuring that Alabama?s health care providers have adequate protections
and our health care system has adequate capacity to provide health care for the people of
this State;

WHEREAS I have also issued supplemental proclamations to further address the
occurrence of COVID-19 and its consequences in the State of Alabama and its threats to,
and adverse impacts on, public health, safety, welfare, and economic security;

WHEREAS the Centers for Disease Control and Prevention has
recommended safety practices, including social distancing and avoiding group
gatherings;

WHEREAS the Alabama State Health Officer, on March 17, 2020, issued an order
suspending public gatherings due to risk of infection by which has been
amended and which continues to be amended, and which has been supplemented by
informal "guidelines? for various activities and establishments;

WHEREAS the various practices put into place to slow the spread of 
have been helpful from a public health perspective, but they have also required the
closure of numerous businesses and resulted in damage to the economy of the State and
the Nation and caused economic hardship to working people and their families;

WHEREAS studies have shown that mortality rates increase significantly during
periods of high unemployment;

WHEREAS encouraging businesses to reopen in a responsible manner will both
improve public health and preserve the economic well-being of the citizens of Alabama

by reducing unemployment and raising wages;

WHEREAS, after consulting with the President of the United States, I determined
that businesses should begin to reopen in May 2020 while following applicable public
health guidance to protect employees, customers, and members of the public;

WHEREAS, on April 28, 2020, the Alabama State Health Of?cer, with my support,
issued an order to begin the process of allowing businesses and the economy in Alabama
to reopen consistent with preserving the public health;

WHEREAS many aspects of this public health emergency remain uncertain and
new impacts and repercussions of are continually coming to light and thus
require ?exibility and adaptability by all levels of government;

WHEREAS, as a result of this continuing uncertainty, businesses have been
reluctant to reopen?or, where partially Open, to fully reopen?for fear of lawsuits and
the risk of the associated expense and liability;

WHEREAS my of?ce has worked with representatives of business and industry
to obtain information on concerns and challenges associated with re-starting the economy
of this State; and

WHEREAS my office has also worked with representatives of Alabama trial
attorneys to obtain information on concerns and challenges faced by people who have
been, or who may be, harmed in the course of the re-opening process;

NOW THEREFORE, I, Kay Ivey, Governor of the State of Alabama, pursuant to I
the relevant provisions of the Alabama Emergency Management Act of 1955, as
amended, Ala. Code 31 et seq. (hereinafter, the ?Alabama Emergency Management
Act?), do hereby proclaim "the existence of conditions thatwarrant implementation of
additional extraordinary measures and relief during the state health emergency now in
effect in order to guard public health and protect human life. I therefore proclaim and
direct all of the following:

I. Liability protections for businesses and health care providers

A. Findings. I further find and declare that to preserve the lives and property of the
peeple of this State it is necessary:

1. That businesses remain open and reopen in a manner consistent with
applicable public health guidance and they are hereby authorized to do so;

2. That cases have put, and will continue to put, a significant strain
on the health care facilities, health care providers, and health care resources
of this State and that COVID-19 cases have undermined, and will continue
to undermine, the ability to deliver patient care or obtain certain equipment
or materials in the traditional, normal, or customary manner;

3. That has affected, and will continue to affect, our health care
system in unique and potentially devastating ways, and our health care
facilities, health care professionals, and their supporting workers need
protection to respond to this pandemic and to do what they can do to
continue to provide treatment and services for the people of Alabama;

4. That any university or public institution of higher education in the State of
Alabama is hereby authorized, during the time period covered by the
public health emergency declared on March 13, 2020, to design,
manufacture, and distribute any PPE for use by healthcare providers and
others In order to alleviate the shortage of PPE resulting from the COVID-
19 pandemic;

5. That likewise, such institutions are authorized to design, manufaCture, and 
distribute testing materials, provided they do so under the

direction of the Alabama Deparunent of Public Health and in accordance
with that Department?s specifications;

6. That reasonable protections from the risk and expense of lawsuits, be
provided to businesses and health care providers that comply with or
reasonably attempt to comply with applicable public health guidance will
encourage businesses to re?open and repair the damage to the economy of
the State and the tax revenues of the State and of local governments; and

7. That providing such a safe harbor to businesses and healthcare providers
that operate reasonably consistent with applicable public health guidance
will help ameliorate the social harms of a closed economy and the spread
of 

B. Definitions. For purposes of this supplemental proclamation, the following terms
shall have the following meanings:

1. -"Applicable publichealth guidance? means any emergency proclamation
or order issued by the Governor of Alabama, or any order or guidelines
document issued by the Alabama State Health Of?cer, concerning the
proper means of preventing the spread of 

2. ?Business, health care provider, or other covered entity? means an
individual, partnership, association, corporation, health care provider,
other business entity or organization, or any agency or instrumentality of
the State of Alabama, including any university or public institution of
higher education in the State of Alabama, whether any such individual or
entity is for profit or not for profit, including its directors, officers, trustees,
managers, members, employees, volunteers, and agents.

3. means the virus and any mutations thereof.

4. ?Covered COVID-19 response activity? means any or all of the following
activities by a business, health care provider or other covered entity:

a. Any testing, distribution of testing'materials, monitoring, collecting,
reporting, tracking, tracing, investigating, or disclosing exposures or
other information in connection with during the ongoing
state of emergency;

b. Any performance or provision of health care services or treatment
by a health care provider that resulted from, was negatively affected
by, was negatively impacted by a lack of resources caused by, or was

- done in response to the pandemic or the State?s response
thereto;

c. Any design, manufacture, distribution, allowance, use, or non-use of
precautionary equipment or supplies such as PPE in connection with
. during the ongoing state of emergency;

d. Any design or manufacture of testing materials done under the
direction of and in accordance with ADPl-l?s specifications.

5. transmission" means any actual, alleged, or feared exposure
to or contraction of a infection while a business, health care
provider or other covered entity is engaged in any business activity,
whether on the premises of the business, health care provider, or other
covered entity or otherwise during the ongoing state of emergency.

6. testing materials? means materials necessary for the
collecting, handling, transporting, and testing of clinical specimens from
persons for 

7. ?Health care services or treatment? means those services and treatment
defined by Alabama law and Alabama Code 6-5-540 et seq.

8. ?Health care provider? means any health care facility, professional, or
person as defined in the Alabama Code and includes, but is not limited to:

a. Any health care provider as that term is defined in Alabama Code
6-5-5420) or any of the providers defined in 

b. Any health care facility licensed or approved in the State of Alabama,
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 my Emergency
Executive Order dated April 2, 2020 and any support personnel of
such 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 Alabama, including under the Public Readiness and
Emergency Preparedness Act and any declaration of the Department
of Health and Human Services in accordance with that Act, under
any of my COVlD-19-related emergency proclamations, under any
rule or regulation promulgated by a licensing board or agency
pursuant to such emergency proclamations, or otherwise in response
to the COVID-19 pandemic and including any support personnel of
any such individual or entity.

9. means personal protective equipment.

10. ?Serious physical injury? means 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.

I C. Emergency protections.

1. Liability protections. A business, health care provider, or other covered
entity shall not be liable for the death or injury to persons or for damage to
property in any way arising from any act or omission related to, or in
connection with, COVID-19 transmission or a covered response
activity, unless a claimant shows by clear and convincing evidence that the
claimant?s alleged death, injury, or damage was caused by the business,
health care provider, or other covered entity?s wanton, reckless, willful, or
intentional misconduct.

2. Limitations on damages. In those instances where liability is established
under Section l.C.1 and the acts or omissions do not result in serious
physical injury, a business, health care provider, or other covered entity's
liability shall be limited to actual economic compensatory damages, and in
no event shall the business, health care provider, or other covered entity be
liable for non-economic or punitive damages. A party asserting a wrongful
death claim under Section l.C.1 is only entitled to an award of punitive
damages.

3. Accrued causes of action. For any cause of action relating to 
transmission or a covered COVID719 response activity where the cause of
action accrued before the issuance of this proclamation and for which a
court holds that the provisions of Section I.C.1 and I.C.2 do not apply, the
following shall apply:

a. Standard of Care. As a matter of law, a business, health care
provider, or other covered entity shall not be liable for negligence,
premises liability, or for any non-wanton, non-willful, or non-
intentional civil cause of action with respect to any individual or
entity relating to or in connection with COVID-19 transmission or
any covered response activity unless the claimant proves
by clear and convincing evidence that the business, health care
provider, or other covered entity did not reasonably attempt to
comply with the then applicable public health guidance.

b. Adjustment of remedies. Notwithstanding any other provision of
law, a business, health care provider, or other covered entity shall
not be liable for damages from mental anguish or emotional distress
or for punitive damages but could be liable for economic
compensatory damages in a cause of action that does not involve
serious physical injury. This subsection shall not prohibit the
awarding of punitive damages for wrongful death claims, but no
other damages shall be allowed for such claims.

D. Preservation of existing defenses.

1. General preservation of existing defenses. Nothing in this proclamation
shall be construed to preempt, remove, displace, repeal, or limit in any way
any defense or right that exists under law that would be applicable to any
business, health care provider, or other covered entity sued after the
effective date of this proclamation. The immunity provided by this
proclamation is in addition to and cumulative of other defenses and rights
that exist under law. 

2. Specific preservation of previous proclamations concerning health care
providers. If the liability protections contained in this proclamation are
adjudged not to cover a health care provider for any reason, then nothing
in this proclamation shall be construed to limit, impair, or supersede my
proclamation dated March 13, 2020, or any other State law presently
governing legal standards or procedures, including judicial decisional law,
in any civil action against a health care provider. In addition, for cases
where the health care services or treatment provided by the health care
provider do not result from or are not affected by the COVID-19 pandemic
or do not result from, are not affected by, or are not in support of the State?s
response to the COVID-19 pandemic, my previous emergency
proclamations and existing Alabama law and standards shall govern the
action as outlined in Alabama Code 6?5?540 et seq.

B. General provisions.

1. No effect on existing benefits. Nothing in this proclamation shall be
construed to affect the right of any person to receive bene?ts to which he or
she would otherwise be entitled under the Alabama Emergency
Management Act or the Workers? Compensation Act. 

2. Construction. Notwithstanding any other provision of law, the provisions
of this proclamation shall be construed in pari materia with the Alabama
Emergency Management Act and with any subsequently enacted law
granting protections from lawsuits to covered entities.

3. Severability. The provisions of this proclamation are severable. If any
provision of this proclamation is declared invalid or unconstitutional, its
remaining provisions shall continue in effect. Without limiting the
generality of the foregoing, if a court holds that the standard of care in
Section I.C.1 (wanton, reckless, willful, or intentional misconduct) is
invalid, the following shall apply in place of that standard of care: (1) failure
to comply with or reasonably attempt to comply with applicable public
health guidance; or (2) willful misconduct, gross negligence, or bad faith.

4. Effectiveness. The provisions of this proclamation shall become effective
upon my signature and its filing with the Secretary of State and shall be
retroactive and effective for acts or omissions occurring from March 13,
2020, until the State COVID-19 public health emergency is terminated.

FURTHER, the provisions of this proclamation shall have the full force and effect
of law, and all inconsistent laws, or any provisions thereof, are hereby suspended.

IN WITNESS, WHEREOF, I have hereunto set
my hand and caused the Great Seal to be affixed
by the Secretary of State at the State Capitol in
the City of Montgomery on this 8th day of May,

2020.
Ace,

Kay Ivey I
Governor

 

ATTEST:

ram
Merrill

Secretary of State