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Emergency Law Inventory | Full Law Text

Law Number

COMAR 10.52.16.15, Md. Health-General Code Ann. 13-707

Summary Title

Liability: Use of an Epi Pen

Summary

A physician, who prescribes or a person who is certified to administer an epinephrine injector and provides emergency care by the use of an epinephrine injector, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity from Liability

Full Text

A. A cause of action may not arise against a: (1) Certificate holder authorized under this chapter for any act or omission when the certificate holder is acting in good faith while rendering emergency treatment to an individual suffering or believed by the certificate holder to be suffering a severe adverse reaction to an insect sting, except if the conduct of the certificate holder amounts to: (a) Gross negligence, (b) Willful or wanton misconduct, or (c) Intentionally tortious conduct; or (2) Physician for any act or omission when the physician in good faith prescribes an epinephrine injector for the administration of a subcutaneous injection of epinephrine to an individual certified by the Department under this chapter and Health-General Article, ยง 13-706, Annotated Code of Maryland. B. Section A of this regulation does not affect and may not be construed as affecting an immunity from civil liability or a defense established by a provision of the Annotated Code of Maryland or by common law to which a volunteer or physician may be entitled. C. This chapter does not create a duty upon an individual to obtain a certificate to administer epinephrine. D. An individual may not be held civilly liable: (1) For failing to obtain a certificate under this chapter; or (2) In any action arising from or in connection with the administration of epinephrine by the individual solely because the individual did not possess a certificate issued under this chapter.