Sec. 4. (a) Except as provided by subsection (b), section 3 of this chapter does not protect a health care provider from professional discipline under IC 25-1-7 or IC 25-1-9 if the health care provider’s action, omission, decision, or compliance constitutes gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation.

        (b) The following do not constitute gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation under this chapter if performed in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1) Providing services without required personal protective equipment caused by:

(A) a shortage; or

(B) an inability to timely acquire personal protective equipment;

during an event that is declared a disaster emergency under IC 10-14-3-12 to respond to COVID-19.

(2) Providing services without access to adequate or reliable testing for COVID-19, even if the COVID-19 testing that was used received emergency use authorization from the federal Food and Drug Administration.

(3) Using equipment, medicine, or supplies in a manner that is not approved by the federal Food and Drug Administration.

(4) Providing services under a reallocation of staff or resources.

(5) Providing services that are outside of an individual’s expertise or specialty.

As added by P.L.166-2021, SEC.5.