§ 16-41-43-5.5 — Immunity from civil liability in connection with administration of auto-injectable epinephrine

Indiana § 16-41-43-5.5

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 43: Auto-Injectable Epinephrine

Text

5. (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.
(2) IC 20-34-4.5-4.
(3) IC 21-44.5-2-6.
(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.

Legislative History

As added by P.L.114-2020, SEC.7.