2016 Oklahoma Statutes
Title 59. Professions and Occupations
§59-6002. Prescriptions for epinephrine auto-injectors at Emergency Public Access Stations - Use of auto-injectors--Immunity from liability.

A. As used in this section:

1. "Emergency public access station" (EPAS) means a locked, secure container for the storage of epinephrine auto-injectors under the general oversight of a physician, which allows a lay rescuer to consult with a physician in real time by audio, televideo or other similar means of electronic communication and, upon authorization of the consulting physician, may be unlocked to make available the epinephrine auto-injector.

2. "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body;

3. "Physician" means a person licensed to practice medicine pursuant to the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act.

B. 1. Notwithstanding any applicable provision of law to the contrary, a physician may prescribe a stock of epinephrine auto-injectors to any entity or organization for storage in an Emergency Public Access Station (EPAS) or may place a stock of supply of epinephrine auto-injectors at any entity or organization in an EPAS in accordance with protocols established by the physician.

2. A physician may provide consultation to the user of an EPAS and may make the epinephrine auto-injectors stored within available to the user in accordance with protocols established by the physician.

3. Any person may use an EPAS and may administer or provide epinephrine auto-injectors made available through the EPAS to a specific individual believed in good faith to be experiencing anaphylaxis or the parent, guardian or caregiver of such individual.

C. Any person, including any entity or organization at which an EPAS is located, a physician, and any user of an EPAS who undertakes in good faith any act or mission pursuant to this act shall not be liable for any injuries or related damages that result from any such act or omission; provided, such immunity shall not apply to acts or omissions constituting gross, willful or wanton negligence. This act shall not eliminate, limit or reduce any other immunity or defense that may be available under state law. Use of an EPAS in accordance with this act shall not constitute the practice of medicine or any other profession otherwise requiring licensure.

Added by Laws 2015, c. 277, § 1, eff. Nov. 1, 2015.