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Emergency Law Inventory | Full Law Text

Law Number

Idaho Code 54-1733C(6)

Summary Title

Liability: Epi Pen

Summary

An entity that maintains, a health care provider who prescribes or dispenses, or an individual who provides training for the use of an epi pen will not be held legally responsible for injuries or damages resulting from the use of an epi pen. They can be held legally responsible for acting with extreme carelessness.

Full Title

Epinephrine auto-injectors -- Emergency administration

Full Text

(6) The following shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this section: (a) An authorized entity that possesses and makes available epinephrine auto-injectors, and the employees, agents or other individuals associated with such entity; (b) A pharmacist or other health care practitioner who prescribes or dispenses epinephrine auto-injectors to an authorized entity; and (c) An individual or entity that conducts the training required by subsection (4) of this section. This provision of immunity does not apply to acts or omissions constituting gross negligence. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine or any other profession that otherwise requires licensure. This section does not eliminate, limit or reduce any other immunity or defense that may be available under state law, including that provided under section 5-330, Idaho Code.

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