; (B) based upon any guidance published by any Federal, State or local department or any division or agency of such department in response to the COVID–19 pandemic; or (C) due to a lack of resources, including manpower, attributable to the COVID–19 pandemic. (b) Exceptions Subsection (a) does not apply with respect to harm caused by an act or omission of a covered health care provider, as described in such subsection, if— (1) the act or omission constitutes willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the covered health care provider; or (2) the health care provider provided the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug (other than a prescription drug taken under the orders of a physician). (c) Preemption (1) In general This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. (2) Volunteer Protection Act Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997 ( Public Law 105–19 ). (d) Definitions In this section: (1) The term covered health care provider means— (A) a health care professional