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§ 13-3108. Immunity from liability

West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2022

West's Annotated Code of Maryland
Health--General
Title 13. Miscellaneous Health Care Programs (Refs & Annos)
Subtitle 31. Overdose Response Program (Refs & Annos)
Effective: July 1, 2022
MD Code, Health - General, § 13-3108
Formerly cited as MD HEALTH GEN § 13-3110
§ 13-3108. Immunity from liability
In general
(a) An individual who administers an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who is or in good faith is believed to be experiencing an opioid overdose shall have immunity from liability under §§ 5-603 and 5-629 of the Courts Article.
Licensed health care provider's or pharmacist's good faith prescription or dispensing
(b) A cause of action may not arise against any licensed health care provider with prescribing authority or pharmacist for any act or omission when the health care provider with prescribing authority or pharmacist in good faith prescribes or dispenses an opioid overdose reversal drug approved by the federal Food and Drug Administration and the necessary paraphernalia for the administration of the opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual under § 13-3106 of this subtitle.
Business or business owner providing opioid overdose reversal drugs available to employees or patrons
(c) A cause of action may not arise against any business or business owner for any act or omission when the business or business owner in good faith makes opioid overdose reversal drugs approved by the federal Food and Drug Administration available to the employees or patrons of the business along with the necessary paraphernalia for administration of the opioid overdose reversal drugs approved by the federal Food and Drug Administration to an individual under § 13-3104 or § 13-3106 of this subtitle.
Construction of subtitle
(d) This subtitle may not be construed to create a duty on any individual to:
(1) Obtain education and training from an authorized private or public entity under this subtitle, and an individual may not be held civilly liable for failing to obtain education and training from an authorized private or public entity under this subtitle; or
(2) Administer opioid overdose reversal drugs approved by the federal Food and Drug Administration to an individual who is experiencing or believed by the individual to be experiencing an opioid overdose.

Credits

Added as Health General § 13-3110 by Acts 2015, c. 356, § 1, eff. Oct. 1, 2015. Renumbered as Health General § 13-3108 and amended by Acts 2017, c. 571, § 1, eff. June 1, 2017; Acts 2017, c. 572, § 1, eff. June 1, 2017. Amended by Acts 2022, c. 239, § 1, eff. July 1, 2022.
MD Code, Health - General, § 13-3108, MD HEALTH GEN § 13-3108
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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