; or (B) appropriate professional or industry standards, recommendations, or guidance. (3) Serious bodily injury The term serious bodily injury means— (A) death or injury requiring in-patient hospitalization of at least 48 hours; (B) permanent impairment of a bodily function; or (C) permanent damage to a body structure. (e) Applicability The limitation in this section shall be applicable in cases filed before, on, or after the date of enactment of this Act. (f) Rule of construction Nothing in this section may be construed as superseding or weakening any Federal statute or other provision of Federal law that preempts the authority or actions of a State, territory, a political subdivision of a State or territory, or an Indian Tribe to regulate the practices or services of certain businesses or industries. 3. Limitation on liability for health care professionals during COVID–19 emergency response (a) Limitation on liability Except as provided in subsection (b), a provider of health care services, including a health care professional, shall not be liable under Federal or State law for the spread or possible transmission of SARS–COV–2 caused by an act or omission of the provider in the provision of health care services acting in good faith between January 1, 2020, and the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) )), if— (1) the provider is providing health care services significantly impacted by, or in response to, the COVID–19 pandemic; and (2) the act or omission— (A) occurs in the course of providing health care services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; (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