686D.2 Definitions.
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/ia/chapter-686d-covid-19-related-liability/686d-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When used in this chapter, unless the context otherwise requires:
1. “COVID-19” means 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” means and includes hand sanitizers, disinfectants, sprays, and wipes.
3. “Health care facility” means and includes all of the following:
a. A facility as defined in section 514J.102.
b. A facility licensed pursuant to chapter 135B.
c. A facility licensed pursuant to chapter 135C.
d. 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, and assisted living programs.
4. “Health care professional” means 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. “Health care professional” includes the employer or agent of a health care professional who provides or arranges health care.
5. “Health care provider” means and includes 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, regulation, order, or public health guidance to administer health care services or treatment.
6. “Health care services” means services for the diagnosis, prevention, treatment, care, cure, or relief of a health condition, illness, injury, or disease.
7. “Minimum medical condition” means a diagnosis of COVID-19 that requires inpatient hospitalization or results in death.
8. “Person” means the same as defined in section 4.1. “Person” includes an agent of a person.
9. “Personal protective equipment” means and includes 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” means and includes any real property and any appurtenant building or structure serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.
11. “Public health guidance” means and includes written guidance related to COVID-19 issued by any of the following:
a. The centers 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.
e. Any state agency, including the department of health and human services.
12. “Qualified product” means and includes all of the following:
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.
§686D.2, COVID-19 RELATED LIABILITY 2
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.
f. Any component of an item described in paragraphs “a” through “e”.
Referred to in §27C.1, 27C.2, 94.1, 96.5A, 96.7(12), 155A.46
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11