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Kentucky

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on June 8, 2020.

For more up-to-date information on the relief programs available in Kentucky, we recommend that you visit the state's COVID-19 Resources portal or the Louisville Metro COVID-19 Response website.

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Description of Program and Relief

Defense Against Civil Liability for Healthcare Workers Providing COVID-19 Related Care

Pursuant to the Act Relating to the State of Emergency in Response to COVID-19 and Declaring an Emergency, a health care provider who in good faith renders care or treatment of a COVID-19 patient during the state of emergency shall have a defense to civil liability for ordinary negligence for any personal injury resulting from that care or treatment or from any act or failure to act in providing or arranging further medical treatment, if the health care provider acts as an ordinary, reasonable, and prudent health care provider would have acted under the same or similar circumstances. The defense shall include a health care provider who:

1. Prescribes or dispenses medicines for off-label use to attempt to combat the COVID-19 virus, in accordance with applicable law;

2. Provides health care services, upon the request of health care facilities or public health entities, that are outside of the provider's professional scope of practice; or

3. Utilizes equipment or supplies outside of the product's normal use for medical practice and the provision of health care services.

Government or Lead Agency

Office of the Governor

Dates Available

Effective immediately

Eligibility Requirements/Restrictions

Must (1) be a healthcare provider; (2) render care or treatment of a COVID-19 patient during the state of emergency; (3) render such are or treatment in good faith; and (4) act as an ordinary, reasonable, and prudent health care provider would have acted under the same or similar circumstances.

Application Deadlines (If Applicable)

N/A

Contact for More Information

N/A

List of Additional Information

The Act can be found here. The relevant section is Section 1(5)(b).


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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