Liability issues are a common concern that employers have expressed when asked to distribute or dispense medical countermeasures on behalf of public health. Liability protection is provided to organizations at the federal level when a Public Readiness Emergency Preparedness (PREP) Act declaration is issued.
The PREP Act authorizes the Secretary of the US Department of Health and Human Services to issue a PREP Act declaration in response to a public health emergency. A PREP Act declaration provides immunity from tort liability claims (except willful misconduct) to individuals or organizations involved in the manufacture, distribution, or dispensing of medical countermeasures. PREP Act declarations have been issued many times in the past. The most recent example was H1N1 in 2009.