Sec. 5.5. (a) This chapter does not apply to a person who is eligible for immunity specified in one (1) or more of the following sections:
(1) Section 6 of this chapter.
(2) IC 20-34-4.5-4.
(3) IC 21-44.5-2-6.
(b) Except as provided in subsection (d), a person who meets all of the following criteria is not liable for civil damages for any act or omission related to the administration of auto-injectable epinephrine:
(1) The person has successfully completed a course described in section 2.5(a) of this chapter before administering auto-injectable epinephrine to a person.
(2) The person administered the auto-injectable epinephrine in a manner that was consistent with:
(A) the training provided during the course described in section 2.5(a) of this chapter; or
(B) the instruction provided to the person by the pharmacist at the time the auto-injectable epinephrine was dispensed to the person.
(3) The person reasonably believed that the recipient of the auto-injectable epinephrine was suffering from anaphylaxis at the time the auto-injectable epinephrine was administered.
(c) A pharmacist who complies with section 2.3(a) of this chapter is not liable for civil damages resulting from the administration of auto-injectable epinephrine.
(d) The immunity described in subsection (b) or (c) does not apply to any act or omission that constitutes gross negligence or willful and wanton misconduct.
As added by P.L.114-2020, SEC.7.
Structure Indiana Code
Article 41. Public Health Measures for the Prevention and Control of Disease
Chapter 43. Auto-Injectable Epinephrine
16-41-43-1. Application of Chapter
16-41-43-2.3. Dispensing and Administration of Auto-Injectable Epinephrine; Statewide Standing Order
16-41-43-3. Prescription for Auto-Injectable Epinephrine; Storage
16-41-43-3.5. Expiration Date Requirement
16-41-43-4. Administration of Auto-Injectable Epinephrine; Employees and Agents; Training
16-41-43-5. Prescribing of Auto-Injectable Epinephrine; Dispensing