Public Readiness and Emergency Preparedness (PREP) Act
The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of the Department of Health and Human Services (Secretary) to issue a PREP Act declaration. The declaration provides immunity from liability (except for willful misconduct) for claims:
of loss caused, arising out of, relating to, or resulting from administration or use of countermeasures to diseases, threats and conditions
determined by the Secretary to constitute a present, or credible risk of a future public health emergency
to entities and individuals involved in the development, manufacture, testing, distribution, administration, and use of such countermeasures
A PREP Act declaration is specifically for the purpose of providing immunity from liability, and is different from, and not dependent on, other emergency declarations.
COVID-19 PREP Act Declarations
The end of the COVID-19 Public Health Emergency Declaration does not automatically terminate PREP Act coverage. To learn more, view our COVID-19 PREP Act FAQs.
First Advisory Opinion on the PREP Act Declaration (May 19, 2020)
Second Advisory Opinion on the PREP Act Declaration (May 19, 2020)
Third Advisory Opinion on the PREP Act Declaration (October 23, 2020)
Fourth Advisory Opinion on the PREP Act Declaration (October 23, 2020)
Fifth Advisory Opinion on the PREP Act Declaration (January 8, 2021)
Sixth Advisory Opinion on the PREP Act Declaration (January 12, 2021)