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COVID-19: Frequently Asked Questions

Below are some of the most frequently asked questions CMA has received during the COVID-19 outbreak. By default, the most recent answers will appear up top. You can also filter the FAQ by category. We will update this resource regularly.

More questions? Email communications@cmadocs.org.


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Archive by category: Professional LiabilityReturn
Yes. The U.S. Department of Health and Human Services (HHS) also issued a declaration that provides immunity from suit and liability under state and federal law for certain actions in relation to COVID-19.The Public Readiness and Emergency Preparedness Act, Public Law 109-148, Div. C, § 2 (2005) (PREP Act), as amended, authorizes the Secretary of Health and Human Services (HHS) to limit legal liability for losses relating to the administration of medical countermeasures.HHS Declar...
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| Categories: Professional Liability, Vaccine, Liability
Under California law, physicians are generally immune from liability for injuries stemming from medical care and treatment rendered during any state of emergency, or a local emergency, at the express or implied request of any responsible state or local official or agency. This immunity applies both to California-licensed physicians and physicians licensed in another state, as well as to certain other health providers, including respiratory care practitioners and nurses. Note that this immunity d...
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| Categories: Professional Liability, Vaccine, Liability
California law provides specific immunity protections for vaccination programs.  Health and Safety Code Section 120392.3 authorizes the state to provide vaccines at no charge to local governments and private nonprofit agencies and further provides liability protection as follows:(f) A private, nonprofit volunteer agency whose involvement with an immunization program governed by this section is limited to the provision of a clinic site or promotional and logistical support pursuant to subdiv...
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| Categories: Vaccine, Liability, Professional Liability
Generally, yes. California and federal law currently provide a broad base of liability protection for physicians and other health care providers during a state of emergency. Under California law, physicians are generally immune from liability for injuries stemming from medical care and treatment rendered during a state of emergency.
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| Categories: Professional Liability, Physician Volunteers

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Your use of the CMA website, including information provided on the COVID 19 Resource Page is governed by the Terms of Use and Privacy Policy linked below.  All CMA Content, including COVID 19 related content, is provided for informational purposes only and is not intended as medical or legal advice, or as a substitute for the medical advice of a physician or the legal advice of an attorney. Physicians should contact their professional liability and other insurers and an attorney for specific advice.

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