; (B) does not exceed the scope of license, registration, or certification of a substantially similar health professional in the State in which such act or omission occurs; and (C) is undertaken in a good faith belief that the individual being treated is in need of health care services. (b) Exceptions Subsection (a) does not apply if— (1) the harm is shown, by clear and convincing evidence, to be caused by an act or omission of the provider of health care services constituting willful or criminal misconduct, reckless misconduct, gross negligence, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or (2) the provider of health care services rendered the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug. (c) Preemption The laws of a State or any political subdivision of a State are hereby preempted to the extent such laws are inconsistent with this section, unless such laws provide greater protection from liability. (d) Definitions In this section— (1) The term good faith means making reasonable efforts to act in compliance with— (A) applicable guidance from a Federal, State, local, territorial, or Tribal public health authority