§ 13-707. Limitations on causes of action
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Health - General, § 13-707
Formerly cited as MD HEALTH GEN § 13-708
§ 13-707. Limitations on causes of action
(a) 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)(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.
(3) A cause of action may not arise against any nurse practitioner for any act or omission when the nurse practitioner 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.
(c) 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, registered nurse practitioner, physician, or pharmacist may be entitled.
Credits
Added as Health-General § 13-708 by Acts 1995, c. 551, § 1, eff. Oct. 1, 1995. Renumbered as Health-General § 13-707 and amended by Acts 2015, c. 342, § 1, eff. Oct. 1, 2015. Amended by Acts 2022, c. 262, § 1, eff. Oct. 1, 2022; Acts 2022, c. 263, § 1, eff. Oct. 1, 2022.
MD Code, Health - General, § 13-707, MD HEALTH GEN § 13-707
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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