2021 Kentucky Revised Statutes
Chapter 311 - Physicians, osteopaths, podiatrists, and related medical practitioners
311.647 Immunity from civil liability for rendering emergency care or treatment with injectable epinephrine auto-injector or bronchodilator rescue inhaler.
Universal Citation:
KY Rev Stat § 311.647 (2021)
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311.647 Immunity from civil liability for rendering emergency care or treatment
with injectable epinephrine auto-injector or bronchodilator rescue inhaler.
(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 injectable epinephrine device or a
bronchodilator rescue inhaler 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 injectable epinephrine device or bronchodilator rescue inhaler;
(b) A pharmacist who fills a prescription for the injectable epinephrine device or
bronchodilator rescue inhaler;
(c) A certified individual who provides or administers the injectable epinephrine
devices or bronchodilator rescue inhaler;
(d) An authorized entity who stores or provides the injectable epinephrine device
or bronchodilator rescue inhaler 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 injectable epinephrine device or a bronchodilator rescue inhaler if
that individual is acting as a Good Samaritan under KRS 313.035 and 411.148.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 112, sec. 5, effective June 29, 2021. -- 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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