2018 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS .647 Immunity from civil liability for rendering emergency care or treatment with epinephrine auto-injector.
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311.647 Immunity from civil liability for rendering emergency care or treatment
with epinephrine auto-injector.
(1)
(2)
(3)
(4)
Any individual or entity who, in good faith and without compensation, renders
emergency care or treatment by the use of an epinephrine auto-injector shall be
immune from civil liability for any personal injury as a result of the care or
treatment, or as a result of any act or failure to act in providing or arranging further
medical treatment, if the person acts as an ordinary, reasonable prudent person
would have acted under the same or similar circumstances.
The immunity from civil liability for any personal injury under subsection (1) of this
section includes:
(a) A health-care practitioner who prescribes or authorizes the emergency use of
the epinephrine auto-injector;
(b) A pharmacist who fills a prescription for the epinephrine auto-injector;
(c) A certified individual who provides or administers the epinephrine autoinjector;
(d) An authorized entity who stores or provides the epinephrine auto-injector to a
certified individual or authorized noncertified individual; and
(e) An individual trainer or training entity providing the certified individual.
The immunity from civil liability under subsection (1) of this section shall not apply
if the personal injury results from the gross negligence or willful or wanton
misconduct of the person rendering the emergency care.
The requirements of KRS 311.646(6) shall not apply to any individual who provides
or administers an epinephrine auto-injector if that individual is acting as a Good
Samaritan under KRS 313.035 and 411.148.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 113, sec. 31, effective June 24, 2015.
Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 113, sec. 32
provides that this statute and KRS 311.645 and 311.646 created in 2015 Ky. Acts ch.
113, secs. 29, 30, and 31 may be cited as the "Emergency Allergy Treatment Act."
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