SB 1 - This act modifies provisions relating to civil actions arising during a declared state of emergency. These provisions shall apply to all civil actions filed on or after the effective date of this act, and shall apply to all claims based on acts or omissions occurring during an emergency. Additionally, due to the COVID-19 pandemic, this act contains an emergency clause. Liability of Health Care Providers During a State of Emergency (Section 44.045) Currently, any health care provider who agrees to be deployed by the Governor or any state agency during an emergency to provide care as necessitated by the emergency shall not be liable for any civil damages or administrative sanctions for any failure to exercise the skill and learning of an ordinarily careful health care provider in similar circumstances in the delivery of such health care. This act provides that any health care provider, as defined in the act, who provides care as necessitated by an emergency shall not be liable for any civil damages or administrative sanctions for any failure to exercise the skill and learning of an ordinarily careful health care provider in similar circumstances in the delivery or nondelivery of such health care. Additionally, this act provides that a health care provider shall be liable for damages for acts or omissions in rendering health care necessitated by an emergency when a person has sustained a serious injury as a result of malicious misconduct or conduct that intentionally caused damage to the plaintiff, instead of willful and wanton acts or omissions. Evidence of negligence, including an indifference to or a conscious disregard for the safety of others, shall not constitute malicious misconduct or intentional conduct. A serious injury is defined as a positive diagnosis of an injury or illness resulting in medical treatment or inpatient hospitalization, permanent impairment of a bodily function, or death. Liability of Covered Products in Emergencies (Section 537.768) This act provides that any person who designs, manufactures, labels, sells, distributes, or donates a product used in response to an emergency shall not be liable in a civil action arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of such product if the person: (1) Does not make the covered product in the ordinary course of business; (2) Does make the covered product in the ordinary course of business and the emergency required the product to be made in a modified manufacturing process that is outside the ordinary course of business; or (3) Does make the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the emergency. Additionally, any person who selects or dispenses a product in response to an emergency shall not be liable in any civil action claimed to have arisen from the selection, dispensation, or use of the product. To file and sustain a claim of use or misuse of a covered product, the plaintiff shall prove by clear and convincing evidence that a person: (1) Had actual knowledge that the product was defective and that there was a substantial likelihood that the defect would cause the injury that is the basis of the action and the person acted with a deliberate and flagrant disregard for the safety of others; or (2) Intentionally harmed the plaintiff. This provision does not create a claim, eliminate a required element of any claim, affect the rights, remedies, or protections under the Workers' Compensation Law, or amend or repeal any other immunity or limitation of liability. Liability of Premises Used in Emergencies (Section 537.790) A premises owner, as defined in the act, shall not be liable for an exposure claim which was related to an emergency and sustained on the premises unless the plaintiff can prove by clear and convincing evidence that the owner intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others. A premises owner who uses their premises in a manner different than its normal use to assist in the direct response of an emergency shall not be liable for an exposure claim on the premises. Additionally, a premises owner shall not be liable for a claim related to conduct intended to reduce an exposure claim if the owner operates in substantial compliance with, or is reasonably consistent with, any federal or state law or regulation, executive order, health order of the Director of the Missouri Department of Health and Senior Services, or rule, regulation, ordinance, or guidance issued by a public health authority that was applicable at the time the conduct or risk allegedly caused harm. KATIE O'BRIEN