TITLE 23
Health and Safety

CHAPTER 23-6.4
Life-Saving Allergy Medication – Stock Supply of Epinephrine Auto-Injectors – Emergency Administration

SECTION 23-6.4-7


§ 23-6.4-7 Good Samaritan protections.

An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other trained individuals; a person who uses an epinephrine auto-injector made available pursuant to § 23-6.4-5; an authorized health care provider who prescribes epinephrine auto-injectors to an authorized entity; and an individual or entity that conducts the training described in § 23-6.4-6, shall not be liable for any civil damages that result from the administration or self-administration of an epinephrine auto-injector; the failure to administer an epinephrine auto-injector; or any other act or omission taken pursuant to this chapter; provided, however, this immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. The administration of an epinephrine auto-injector in accordance with this chapter is not the practice of medicine. This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this state if the entity or its employee or agent:

(1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or

(2) Are not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.

History of Section.
(P.L. 2014, ch. 514, § 1; P.L. 2016, ch. 512, art. 1, § 11.)