§ 16-50-5 — Not practice of medicine; limits on liability

West Virginia § 16-50-5

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 50: EPINEPHRINE AUTO-INJECTOR AVAILABILITY AND USE

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(a) The administration of an epinephrine auto-injector in accordance with this article is not the practice of medicine.

(b) An authorized health care practitioner who prescribes epinephrine auto-injectors to an authorized entity; an authorized entity that possesses and makes available epinephrine auto-injectors; and, an entity or person that conducts the training under section three of this article are not liable for 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 committed, in good faith, pursuant to this article.

(c) An individual employed by an authorized entity who administers or provides an epinephrine auto-injection to a person as provided in this article is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the individual's gross negligence or willful misconduct.

Legislative History

2015 Reg. Sess., HB2648