Current through P.L. 171-2024
Section 16-41-43-5.5 - Immunity from civil liability in connection with administration of auto-injectable epinephrine(a) This chapter does not apply to a person who is eligible for immunity specified in one (1) or more of the following sections:(1) Section 6 of this chapter.(b) Except as provided in subsection (d), a person who meets all of the following criteria is not liable for civil damages for any act or omission related to the administration of auto-injectable epinephrine: (1) The person has successfully completed a course described in section 2.5(a) of this chapter before administering auto-injectable epinephrine to a person.(2) The person administered the auto-injectable epinephrine in a manner that was consistent with: (A) the training provided during the course described in section 2.5(a) of this chapter; or(B) the instruction provided to the person by the pharmacist at the time the auto-injectable epinephrine was dispensed to the person.(3) The person reasonably believed that the recipient of the auto-injectable epinephrine was suffering from anaphylaxis at the time the auto-injectable epinephrine was administered.(c) A pharmacist who complies with section 2.3(a) of this chapter is not liable for civil damages resulting from the administration of auto-injectable epinephrine.(d) The immunity described in subsection (b) or (c) does not apply to any act or omission that constitutes gross negligence or willful and wanton misconduct.Added by P.L. 114-2020,SEC. 7, eff. 7/1/2020.