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Ex. DUT-VA-011 Standing duty Primary source read

Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)

Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam · Virginia (State)

The COVID Project

The record

Jurisdiction
Virginia
Level
State
Authority
Va. Exec. Order No. 60 (Apr. 28, 2020)
Issued
2020-04-28 Apr. 28, 2020
Effective
2020-04-28
End
'effective until the expiration of Executive Order 51 unless sooner amended or rescinded' (EO 51 lapsed June 30, 2021). (read as 2021-06-30)
In force
Apr. 28, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Health care ordersOperating condition
Addressees
  • specified businesses: health care providers (hospitals, surgical centers, endoscopy centers, physicians' and dental offices, and other providers responding to the disaster)
Character
liability shield condition
Collection
Standing duties: Virginia DUT-VA

Operative words

'Responds to a disaster' includes but is not limited to, pursuant to Order of Public Health Emergency Two as amended, temporary withholding of the provision of procedures, consultations or surgeries... that require PPE, the delay of which was not anticipated to cause harm to the patient

Penalty

None; a conditioned immunity tied to compliance with the Commissioner's order and to disaster-caused resource shortages

What it required

Declared COVID-19 a 'communicable disease of public health threat' and a 'disaster' under section 44-146.16, and read the standing health-care-provider immunities of sections 8.01-225.01 and 8.01-225.02 (which run only 'in the absence of gross negligence or willful misconduct' and only where 'the emergency and subsequent conditions caused a lack of resources, attributable to the disaster') to cover providers who complied with Order of Public Health Emergency Two by withholding elective procedures, and to treat PPE, ventilator, drug and staffing shortages and crisis-standards triage as the qualifying 'lack of resources.'

Retrieval note

Retrieved as the Wayback Machine's raw capture of April 29, 2020 (the Governor's site no longer serves the file). The order's premise is the withholding of procedures 'pursuant to Order of Public Health Emergency Two' (Ex. VA-005): the immunity attaches to conduct the Commissioner's order compelled. Paragraph 5 preserves all other immunities.