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Emergency Law Inventory | Full Law Text

Law Number

Fla. Stat. 381.885(3), (5)

Summary Title

Liability: Use of an Epi Pen

Summary

An individual certified to use epi pens or an uncertified person who, in good faith and voluntarily, administers or supplies an epi pen to a person believed to be suffering an allergic reaction will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness. This section applies to the dispensing health care practitioner or pharmacist.

Full Title

Epinephrine auto-injectors; emergency administration

Full Text

(3) Use of epinephrine auto-injectors. — An individual who holds a certificate issued pursuant to s. 381.88 may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed pursuant to subsection (1) to: (a) Provide an epinephrine auto-injector to a person who the certified individual in good faith believes is experiencing a severe allergic reaction for that person’s immediate self-administration, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy. (b) Administer an epinephrine auto-injector to a person who the certified individual in good faith believes is experiencing a severe allergic reaction, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy. (5) Immunity from liability. — Any person, as defined under s. 1.01, including an authorized health care practitioner, a dispensing health care practitioner or pharmacist, an individual trainer under s. 381.88(5), and a person certified pursuant to s. 381.88(7), who possesses, administers, or stores an epinephrine auto-injector in compliance with this act, and an uncertified person who administers an epinephrine auto-injector as authorized under subsection (4) in compliance with this act, is afforded the civil liability immunity protections provided under s. 768.13.

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