§ 25-47-107 — Good samaritan protections - liability

(1) The following
individuals and entities are immune from criminal liability and from suit in any civil
action brought by any person for injuries or related damages that result from an act
or omission taken pursuant to this article:

(a) An authorized entity that possesses and makes available epinephrine
auto-injectors or an EPAS and the entity's employees, agents, and other individuals;

(b) An authorized entity that does not possess or make available epinephrine
auto-injectors or an EPAS and the entity's employees, agents, and other individuals;

(c) An individual or entity that conducts an anaphylaxis training program;

(d) An individual who prescribes or dispenses an epinephrine auto-injector;

(e) An individual who administers or provides an epinephrine auto-injector;

(f) A medical professional who consults the user of an EPAS and makes the
epinephrine auto-injectors stored in the EPAS available to the user; or

(g) An individual who uses an EPAS.

(2) Immunity under subsection (1) of this section does not apply to acts or
omissions that are grossly negligent or willful and wanton.

(3) This section does not eliminate, limit, or reduce any other immunity or
defense that may be available under state law, including the protections set forth in
section 13-21-108, C.R.S. Providing or administering an epinephrine auto-injector by
an entity or individual is deemed emergency care or emergency assistance for
purposes of section 13-21-108, C.R.S.

(4) An authorized entity located in this state that provides or administers an
epinephrine auto-injector outside of this state is not liable for any resulting injuries
or related damages if the authorized entity:

(a) Would not be liable for the injuries or related damages if the epinephrine
auto-injector had been provided or administered in this state; or

(b) Is not liable for injuries or related damages under the law of the state
where the authorized entity provided or administered the epinephrine auto-injector.

Legislative History

Source: L. 2015: Entire article added, (HB 15-1232), ch. 191, p. 631, � 1, effective May 14.