§ 32-48-01 — Definitions

As used in this chapter:
1. "COVID-19" means:
a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and
any mutation or viral fragments of SARS-CoV-2; and
b. Any disease or condition caused by severe acute respiratory syndrome
coronavirus 2 identified as SARS-CoV-2.
2. "Disinfecting or cleaning supplies" includes hand sanitizers, disinfectants, disinfecting
sprays, and disinfecting wipes.
3. "Health care facility" means any facility in which health care services are provided and
includes a hospital, special care unit, skilled nursing facility, intermediate care facility,
basic care facility, assisted living facility, ambulatory surgical center, freestanding
emergency department, rural primary care hospital, critical access hospital, inpatient
hospice facility, including a clinic not located on a hospital's primary campus, health
maintenance organization, home health agency, any field hospital, modular
field-treatment facility, or other alternative care facility designated by the department of
health and human services for temporary use related to the COVID-19 state of
emergency, and a diagnostic, examination, treatment, imaging, or rehabilitation center.
4. "Health care provider" means an individual or entity licensed, certified, or otherwise
authorized to provide health care services in this state whether paid or unpaid. The
term includes:
a. The employer or agent of a health care provider that provides or arranges a
health care service;
b. A person engaged in telemedicine or telehealth; and
c. A volunteer or military member who is approved by or works under the direction
of the department of health and human services and who provides health care
services in response to the COVID-19 state of emergency.
5. "Intentional" means when engaging in the conduct, it is the person's purpose to do so.
6. "Personal protective equipment" means equipment worn to prevent or minimize
exposure to hazards that cause injuries or illnesses.
7. "Premises" means any real property, any appurtenant building or structure, and any
vehicle serving a residential, agricultural, commercial, industrial, educational, religious,
governmental, cultural, charitable, or health care purpose.
8. "Qualified product" means:
a. Personal protective equipment used to protect the wearer from COVID-19 or to
prevent the spread of COVID-19.
b. A medical device or equipment used to treat COVID-19, including a medical
device or equipment used or modified for an unapproved use to treat COVID-19
or to prevent the spread of COVID-19.
c. A medical device or equipment used outside its normal use to treat COVID-19 or
to prevent the spread of COVID-19.
d. Medication or treatment used to treat or prevent COVID-19, including medication
or treatment prescribed or dispensed for off-label use to treat or prevent
COVID-19.
e. A test to diagnose or determine immunity to COVID-19.
9. "Reckless" means conduct engaged in a conscious and clearly unjustifiable disregard
of a substantial likelihood of the existence of the relevant facts or risks, such disregard
involving a gross deviation from acceptable standards of conduct.
10. "Unapproved" means not authorized, accredited, or certified by a federal or state
agency for any other use, purpose, or design.
11. "Willful" means the conduct is engaged in intentionally, knowingly, or recklessly.