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2017 Maryland Code
Health - General
Title 13 - Miscellaneous Health Care Programs
Subtitle 7 - Emergency and Allergy Treatment Program
§ 13-707. Immunity from liability -- Certified individuals or agents.
Universal Citation: MD Health-Gen Code § 13-707 (2017)
- (a) Certificate holder or agent. -- A cause of action may not arise against a certificate holder or agent authorized under this subtitle for any act or omission when the certificate holder or agent is acting in good faith while administering auto-injectable epinephrine to an individual experiencing or believed by the certificate holder or agent to be experiencing anaphylaxis, except where the conduct of the certificate holder or agent amounts to gross negligence, willful or wanton misconduct, or intentionally tortious conduct.
- (b) Physician or pharmacist. --
- (1) A cause of action may not arise against any physician for any act or omission when the physician in good faith prescribes or dispenses auto-injectable epinephrine and the necessary paraphernalia for the administration of auto-injectable epinephrine to a person certified by the Department under this subtitle.
- (2) A cause of action may not arise against any pharmacist for any act or omission when the pharmacist in good faith dispenses auto-injectable epinephrine and the necessary paraphernalia for the administration of auto-injectable epinephrine to a person certified by the Department under this subtitle.
- (c) Scope of section. -- This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or by common law to which a volunteer, physician, or pharmacist may be entitled.
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