*Editor's note: This story was updated Tuesday night as the governor signed the health care immunity measure, in addition to several others in this package, into law. 

As the social and economic tolls from the novel coronavirus pandemic mount, the Senate and Assembly approved a batch of new measures, including one that provides immunity to health-care facilities and professionals from civil and criminal claims resulting from injury or death in treating COVID-19 patients. The immunity measure was signed by Gov. Phil Murphy late Tuesday, in addition to several others in the package.

The bills, which add to last month's COVID-19 emergency package passed by the Legislature, aim at making consumers, small businesses, students, renters, and even inmates, financially whole again, health-care professionals licensed expeditiously, and taxpayers given more time to file.

But S-2333/A-3910, which fulfilled the "vital and timely" legislation criteria to get an emergency vote just days after it was introduced, was scrutinized in both houses before passage. It mirrors legislation in other states.

The New Jersey bill received a 30-2 vote in the Senate, and a 73-1-1 vote in the Assembly.

Murphy announced Tuesday night that he had signed S-2333/A-3910. It takes effect immediately and is retroactive to March 9, 2020.

The bill is framed as: "An act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications. Applicable to any health care facility and any other site designated by the Commissioner of Health for temporary use for the purpose of providing essential services in support of the State's response to the outbreak of Coronavirus disease during the public health emergency and state of emergency declared by the Governor in Executive 17 Order 103 of March 9, 2020."

Sen. Tom Kean, R-Morris/Somerset, prime sponsor of S-2333 with Senate President Steve Sweeney, D-Gloucester, described the bill as "giving health-care providers and facilities the protections they need to get us through COVID-19."

Kean was also quick to point out that not every health-care provider giving COVID-19 care is granted immunity. Cases of fraud, gross negligence and recklessness are exempt under the bill.

"It's to encourage other health-care providers to step up so they can relieve other providers to do COVID-19 treatment," Kean said in defending the bill during the conference call session.

The bill states it is in effect during a "scarce critical resource allocation policy," where intensive care unit beds, ventilators, and other medical supplies are in short supply amid high demand.

"Notwithstanding the provisions of any law, rule, or regulation to the contrary: (1) a health care professional shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical services in support of the State's response to the outbreak of the coronavirus disease," the measure states.

Under the bill, "health care professional" is defined as "a physician, physician assistant, advanced practice nurse, registered nurse, licensed practical nurse, or other health care professional who is authorized to provide health care services in New Jersey, or an EMT or mobile intensive care paramedic certified by the Commissioner of Health pursuant to Title 26 of the Revised Statutes or who is otherwise authorized to provide health care services in the state."

It also provides that "a health care facility or a health care system that owns or operates more than one health care facility shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by one or more of its agents, officers, employees, servants, representatives or volunteers, if, and to the extent, such agent, officer, employee, servant, representative or volunteer is immune from liability."

According to the bill, "The immunity granted … shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct, and shall be retroactive to March 9, 2020."

Sweeney said it was also meant to protect recent medical school graduates without medical liability insurance who are being called to the front line with hospitals under high COVID-19 demand.

"We are giving [protection] to people who normally would not be there," Sweeney said.

Sen. Nia Gill

But none of the sponsors' remarks was enough to appease Sen. Nia Gill, D-Essex, to change her "no" vote on the bill. She voiced her concerns over what she called the bill's swift passage despite her and her Senate colleagues receiving only the commissioner of health's letter of approval on Monday. Gill also said the definition of "health-care professional" was overly broad.

Gill took particular issue with this provision: "Immunity shall also include any act or omission undertaken in good faith by a health care professional or health care facility or a health care system to support efforts to treat COVID-19 patients and to prevent the spread of COVID-19 … including but not limited to engaging in telemedicine or telehealth, and diagnosing or treating patients outside the normal scope of the health care professional's license or practice."

"This bill is far outside the scope of the governor's emergency order," Gill said.

Referencing Line 10, "It says, 'not limiting to engagement,'" Gill, an attorney, said. "This bill would allow doctors … to perform outside their scope of expertise and would give them immunity."

"If you're a dentist and you diagnose a patient with the virus, and you were granted good-faith immunity, what happens to the patient? How's the patient protected?" Gill asked.

Gill also said she was concerned the bill would exact a heavier toll on communities of color—with members with a higher rate of comorbidity issues, such as diabetes, cancer, and other diseases—who may suffer death at a higher rate with COVID-19.

She added, "What is gross negligence? There are no guidelines in here."

Sweeney, who got into a heated exchange with Gill about her going over the time allotted to debate the bill, said, "Hospitals are not going to call up dentists to treat COVID-19 patients, with all due respect."

Assemblyman Jamel Holley, D-Union, raised similar concerns in the Assembly's two-hour and 15-minute remote session later that day. He was the lone abstention on A-3910.

"Is the bill basically taking away the right to seek any medical malpractice claims?" Holley asked aloud on the conference call. "I think this bill … prevents an individual to exercise their right to legal action retroactive to March 9 [when Gov. Murphy declared a state and public health emergency for New Jersey.] I need clarification on immunity."

To which Assemblyman James Kennedy, D-Middlesex, a primary sponsor of A-3910, responded: "Immunity applies only to COVID-19" treatment.

Assemblyman Herb Conaway, D-Burlington, a doctor, supported the bill and said the sheer demand in the northern part of the state for health-care professionals makes the bill practical.

Bergen County has registered more COVID-19 deaths than any other county in the state.

"There are more people that need [medical professionals] there than there are available," Conaway said. "In this type of stark situation, where health-care professionals are faced with choosing between viable versus nonviable patients, and they may be subjected to a lawsuit by either party if they pick one over the other, taking away that type of liability makes sense."

"We are in a situation where clearly there are not enough resources, like ventilators," Conaway said before the Assembly voted the bill through.

As of late Monday, the coronavirus had taken the lives of 2,443 residents, and there were nearly 65,000 diagnosed cases statewide.

The public has been barred from attending committee hearings and sessions at the Statehouse in Trenton since mid-March to maintain social distancing guidelines imposed by Murphy.

At the start of the Senate's 10 a.m. session, Sweeney alluded to the difficult circumstances as multiple committee and budget hearings have already been postponed, setting back his upper chamber's work schedule.

Sweeney said holding virtual committee meetings moving forward was being considered.

Senate bills S-2352, S-2330, and S-2346 were held on Monday, while 20 bills were approved and substituted their Assembly companions. The bills were:

• A-3901/S-2334, to allow professional/occupational license boards to reactivate licensure during state of emergency; passed 79-0 in Assembly;

• A-3903/S-2336, to allow for remote notarial acts during a public health emergency and state of emergency; passed 79-0-1 in Assembly;

• A-3904/S-2337, to permit virtual/remote educational instruction to meet the 180-day requirement; passed 80-0 in the Assembly;

• A-3910/S-2333, to allow civil and criminal immunity for health-care professionals during a state of emergency; passed 79-0 in Assembly; 30-2-8 in Senate;

• A-3912/S-2331, to assist inmates in obtaining necessary reentry benefits; passed 51-25-2 in Assembly; 24-4 in the Senate;

• A-3913/S-2374, to provide family leave benefits during epidemic-related emergencies; passed 80-0 in Assembly and 38-0 in the Senate;

• A-3914, to provide hiring and benefits for public employees during a health hazard posed by coronavirus; passed 80-0 in the Assembly;

• A-3915/S-2342, to allow nonprofit corporation members to participate in remote meetings; passed 80-0 the Assembly and 38-0 in Senate;

• A-3918/S-2338, the COVID-19 Fiscal Mitigation Act, to extend filing deadline for CBT and GIT from April 15 to July 15; passed 80-0 in Assembly and 38-0 in Senate;

• A-3921/S-2363, to allow government to permit emergency rent suspension for small businesses during COVID-19; passed 73-1-6 in Assembly and 37-0 in Senate;

• A-3922/S-2349, to change the primary 2020 election from June 2 to July 7; passed 79-0 in Assembly and 37-0-1 in Senate;

• A-3924/S-2351, to provide employment protection to certain emergency medical responders; passed 79-0 in Assembly and 38-0 in Senate;

• A-3938/S-2353, to exclude mass layoffs due to the pandemic from severance requirements; passed 79-0 in Assembly and 38-0 in Senate;

• A-3943/S-2357, to require hospitals to report COVID-19 demographic data; passed 78-0 in Assembly and 38-0 in the Senate; and

• A-3954, to allow for enhanced penalties against counterfeit drugs and medical devices during the state of emergency; passed 78-0 in Assembly.

Late Tuesday, several of these bills, in addition to S-2333/A-3910, were signed by Murphy: A-3901/S-2334, A-3903/S-2336, A-3904/S-2337, A-3915/S-2342, A-3918/S-2338, A-3922/S-2349 and A-3938/S-2353.

The Senate passed these additional bills on Monday:

• S-2329, to significantly revise requirements for cash assistance benefits under the Work First New Jersey program and appropriate $25 million in anticipation of the expanded eligibility; passed 26-0-14;

• S-2340, to authorize the governor to permit mortgage forbearance and rent payment responsibility reduction for residential property owners and tenants during a state of emergency; passed 38-0;

• S-2341, to authorize the governor to restrict rent increases on retail businesses as well as permit mortgage forbearance and rent payment responsibility reduction for impacted residential property owners and tenants during a state of emergency; passed 38-0;

• S-2344, to require Medicaid and health insurance coverage for certain refills of prescription drugs during a state of emergency; passed 38-0;

• S-2345, to require refunds or credit for transient space reservations such as Airbnb and VRBO when a public health emergency or state of emergency is in effect; passed 37-0-1;

• S-2347, to establish the Employment and Business-Related Tax Deferral Assistance Program within the Economic Development Authority in order to allow small businesses to defer the payment and remittance of employment and business-related taxes; passed 38-0;

• S-2348, to allow for CBT and GIT tax credits to be awarded to certain employers that retain employees during the COVID-19 pandemic; passed 38-0;

• S-2354, to prohibit insurance policy cancellations for at least 60 days during a state of emergency; passed 38-0;

• S-2355, to delay mandatory retirement when it would occur during a state of emergency; passed 38-0; and

• S-2356, to provide relief to students receiving state financial aid to address special circumstances due to the 2020 public health state of emergency; passed 38-0.