HHS amends PREP Act declaration to expand access to COVID-19 medical countermeasures

The Department of Health and Human Services yesterday amended its declaration under the Public Readiness and Emergency Preparedness Act to expand access to COVID-19 medical countermeasures through telehealth and clarify the scope of liability protections. According to HHS, the amendment authorizes health care personnel using telehealth to order or administer covered medical countermeasures for patients in other states. It also extends PREP Act liability protections to covered persons for recommended activities related to any covered countermeasures authorized or approved by the Food and Drug Administration for COVID-19 or the SARS-CoV-2 virus, and to any respiratory protective device approved by the National Institute for Occupational Safety and Health for use during the public health emergency, among other changes.