§ 23-01-05.2 — Epinephrine prescription, distribution, possession, or use - Immunity from liability

North Dakota § 23-01-05.2

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-01: Health Division

Text

from liability.
1. As used in this section:
a. "Epinephrine" means a single-use disposable device that automatically injects a
premeasured dose of epinephrine.
b. "Health care professional" means a licensed or certified health care professional
who is working within the scope of practice for that profession. The term may
include a physician, physician assistant, advanced practice registered nurse, and
pharmacist acting in the professional's scope of practice.
2. A health care professional acting in good faith may directly or by standing order
prescribe, distribute, or dispense epinephrine, if the health care professional provides
training to:
a. An individual at risk of experiencing a severe allergic reaction; or
b. A family member, friend, or other person in a position to assist an individual at risk
of experiencing a severe allergic reaction.
3. A person acting in good faith may receive or possess epinephrine if that person is:
a. An individual at risk of experiencing a severe allergic reaction; or
b. A family member, friend, or other person in a position to assist an individual at risk
of experiencing a severe allergic reaction.
4. An individual acting in good faith may self-administer epinephrine or administer
epinephrine to another individual who the administering individual suspects is at risk of
experiencing a severe allergic reaction.
5. A person may receive, possess, or administer epinephrine under subsection 3 or 4,
regardless of whether the person is the individual for or the person to which the
epinephrine is prescribed, distributed, or dispensed. A person in possession of
epinephrine which is acting in good faith may provide training on how to use
epinephrine.

6. A health care professional who prescribes, distributes, trains on the use of, or
dispenses epinephrine as authorized under this section is not subject to professional
discipline for such action. This section does not expand the scope of practice of a
health care professional.
7. A person that prescribes, distributes, dispenses, receives, possesses, trains in the use
of, or administers epinephrine as authorized under this section is immune from civil
and criminal liability for such action. This subsection provides immunity to the person
responsible for the site on which the epinephrine is located. Immunity from liability or
discipline under this subsection does not apply if the person's actions constitute
recklessness, gross negligence, or intentional misconduct.