"Description of This Amendment by Section
Section V. Covered Persons
Under the PREP Act and the Declaration, a 'qualified person' is a 'covered person.' Subject to certain limitations, a covered person is immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration or use of a covered countermeasure if a declaration under the PREP Act has been issued with respect to such countermeasure. 'Qualified person' includes (A) a licensed health professional or other individual who is authorized to prescribe, administer, or dispense such countermeasures under the law of the State in which the countermeasure was prescribed, administered, or dispensed; or (B) 'a person within a category of persons so identified in a declaration by the Secretary’ under subsection (b) of the PREP Act. 42 U.S.C. 247d–6d(i)(8)
By this amendment to the Declaration, the Acting Secretary identifies two additional categories of persons who are qualified persons under section 247d–6d(i)(8)(B), allowing healthcare providers who are licensed in a State to prescribe, dispense, and/or administer COVID-19 vaccines in any State or jurisdiction where the PREP Act applies, and allowing physicians, registered nurses, and practical nurses whose licenses expired within the past five years to prescribe, dispense, and/or administer COVID-19 vaccines in any State...
Including these healthcare professionals as Qualified Persons under this amended Declaration achieves two purposes. First, the healthcare professionals will be afforded liability protections in accordance with the PREP Act and the terms of this amended Declaration. Second, any State law that would otherwise prohibit the healthcare professionals who are a 'qualified person' from prescribing, dispensing, or administering COVID-19 vaccines is preempted."