No progress. No honor. No truth.

A bill, introduced on January 5th:

HB 2201
Modifies provisions relating to COVID-19 liability
Sponsor: Sander, Chris (033)
Proposed Effective Date: 8/28/2022
LR Number: 4773H.01I
Last Action: 01/05/2022 – Introduced and Read First Time (H)
Bill String: HB 2201
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

The current statutes, which were effective on August 28, 2021, provide immunity from liability for exposure of an individual to COVID-19:

RSMo § 537.1005. COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence [….]

RSMo § 537.1010. Health care providers, immunity from liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove [….]

RSMo § 537.1015. Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity who designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product shall be liable in a COVID-19 products liability action if the individual or entity [….]

HB 2201 [pdf] adds sections which would reinstate liability for each of the three existing statutes:

[….] The provisions of this section shall not apply to any individual or entity or religious organization that has a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]

[….] The provisions of this section shall not apply to a health care provider with a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]

[….] The provisions of this section shall not apply to an individual or entity that has a COVID-19 mandate. A mandate may include, but is not limited to, requiring a person to:
(1) Be vaccinated;
(2) Wear a facial covering or mask; or
(3) Socially distance himself or herself from others. [….]

That is, COVID-19 liability protections which were extended to various entities in the last legislative session would be removed if these entities require vaccines, masks, or social distancing.

“…not limited to…”

This way lies madness.

Raise your hand if you’d like your surgeon to wash their hands and wear a mask.

The bill sponsor:

Representative Chris Sander, a Republican, represents parts of Cass, Jackson, and Lafayette counties (District 33) in the Missouri House of Representatives.

In addition to his legislative duties, Sander is the founder and owner of Powder Monkey FIREWORKS, Inc. in Weldon Spring.

He graduated from Hazelwood West High School, and received his Bachelors of Science in business administration from the University of Missouri in 2005. [….]

A certain irony there.

Previously:

HB 2111: WTF? (December 30, 2021)