The Emergency and Allergy Treatment Program is a program in the Department for the purpose of providing a means of authorizing certain individuals to administer life–saving treatment to individuals who have severe adverse reactions to allergens or insect stings when physician, physician assistant, registered nurse practitioner, or emergency medical services are not immediately available in a youth camp.

In this subtitle the following words have the meanings indicated. “Agent” means an individual who: Is at least 18 years of age; Has successfully completed, at the expense of an applicant, an educational training program approved by the Department; and Is appointed by a certificate holder to administer emergency use epinephrine in accordance with the provisions of this subtitle. “Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen. “Certificate” means a certificate or an endorsement on the operating certificate of a youth camp issued by the Department to an individual who operates a youth camp under Title 14, Subtitle 4 of this article to obtain, store, and administer emergency use epinephrine. “Certificate holder” means an individual who is authorized by the Department to obtain, store, and administer emergency use epinephrine to be used in an emergency situation. “Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation. “Program” means the Emergency and Allergy Treatment Program. “Registered nurse practitioner” has the meaning stated in § 8–101 of the Health Occupations Article. “Youth camp” has the meaning stated in § 14–401 of this article.

The Department may: Adopt regulations for the administration of the Program; Collect fees necessary for the administration of the Program; Issue and renew a certificate to a person meeting the requirements of this subtitle; and Approve educational training programs, including programs conducted by other State agencies or private entities. A certificate issued by the Department shall be valid for up to 1 year.

To qualify for a certificate, an individual shall meet the requirements of this section. The applicant shall operate a youth camp. The applicant shall be at least 18 years old. The applicant shall successfully complete, at the expense of the applicant, an educational training program approved by the Department. An applicant shall have a written policy that includes: Authorization for the certificate holder or agent to administer emergency use epinephrine, if available, to an individual who has been determined to be or is believed to be experiencing anaphylaxis, whether or not the individual: Has previously been known to have experienced anaphylaxis; or Has a prescription for epinephrine prescribed by an authorized health care practitioner licensed under the Health Occupations Article; A requirement that youth camp personnel complete training on how to recognize the symptoms of anaphylaxis; Procedures for the emergency administration of emergency use epinephrine; Procedures for proper emergency follow–up; Authorization for a certificate holder to obtain and store emergency use epinephrine to be used in an emergency; and A requirement that each certificate holder implement a method for notifying the parent or guardian of a camper of the youth camp’s policy under this section before the camper’s attendance.

A registered nurse practitioner, physician assistant, or a physician licensed to practice in the State may prescribe emergency use epinephrine in the name of a certificate holder. A registered nurse practitioner, a pharmacist, a physician assistant, or a physician licensed to practice in the State may dispense emergency use epinephrine under a prescription issued to a certificate holder. A certificate holder may: On presentment of a certificate, receive from any registered nurse practitioner, physician assistant, or any physician licensed to practice in the State a prescription for emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine; and Possess and store prescribed emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine. In an emergency situation when registered nurse practitioner, physician, physician assistant, or emergency medical services are not immediately available, a certificate holder or agent may administer emergency use epinephrine to an individual who is experiencing or believed in good faith by the certificate holder or agent to be experiencing anaphylaxis.

A certificate holder shall submit to the Department, on a form required by the Department, a report of each incident that occurs while the youth camp is in session that required the administration of emergency use epinephrine. The Department shall include in the report required under § 13–7A–03 of this title a summary of the information obtained from the reports submitted to the Department under subsection (a) of this section.

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 emergency use 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. A cause of action may not arise against any physician or physician assistant for any act or omission when the physician or physician assistant in good faith prescribes or dispenses emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine to a person certified by the Department under this subtitle. A cause of action may not arise against any pharmacist for any act or omission when the pharmacist in good faith dispenses emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine to a person certified by the Department under this subtitle. 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 emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine to a person certified by the Department under this subtitle. 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, physician assistant, or pharmacist may be entitled.

This subtitle may not be construed to create a duty upon any individual to obtain a certificate under this subtitle, and an individual may not be held civilly liable for failing to obtain a certificate under this subtitle. An individual may not be held civilly liable in any action arising from or in connection with the administration of emergency use epinephrine by the individual solely because the individual did not possess a certificate issued under this subtitle.