Title 13. Miscellaneous Health Care Programs — Subtitle 7A. Emergency Use Epinephrine Program

Is at least 18 years of age;

Has successfully completed, at the expense of the participating facility, an educational training program approved by the Department under § 13–7A–03 of this subtitle; and

Is designated by a certificate holder to administer emergency use epinephrine in accordance with the provisions of this subtitle.

Subject to paragraph (4) of this subsection, each participating facility may obtain:

Each participating facility shall store a supply of emergency use epinephrine obtained under paragraph (1)(ii) of this subsection:

Each participating facility shall designate the employees who are certificate holders or designated affiliated individuals who are certificate holders who will be responsible for the storage, maintenance, and control of the supply of emergency use epinephrine.

A participating facility may not obtain or store emergency use epinephrine unless the participating facility has at least two employees or designated affiliated individuals who are certificate holders.

Each participating facility shall maintain a copy of the certificate issued to an employee or a designated affiliated individual under § 13–7A–05 of this subtitle.

Adopt regulations for the administration of the Program;

Collect fees necessary for the administration of the Program;

Issue a certificate to, or renew the certificate of, an individual meeting the requirements of § 13–7A–04 of this subtitle;

Approve educational training programs, including programs conducted by other State agencies or private entities;

Develop a method by which certificate holders may submit a report to the Department about each incident that occurred on the premises of a participating facility that involved the administration of emergency use epinephrine by a certificate holder or an agent; and

On or before January 31 each year, publish a report summarizing the information obtained from reports submitted to the Department under item (5) of this subsection.

Set an application fee for a certificate;

Establish a fee for the renewal or replacement of a certificate; and

Require applicants to apply to the Program in the manner the Department chooses.

Be employed by a participating facility;

Successfully complete, at the expense of the participating facility, an educational training program approved by the Department under § 13–7A–03 of this subtitle;

Submit an application to the Department in a manner required by the Department under § 13–7A–03 of this subtitle; and

Subject to subsection (b) of this section, pay to the Department an application fee required under § 13–7A–03 of this subtitle.

A participating facility may pay the application fee on behalf of the applicant.

If the participating facility is a food service facility that is part of an eligible institution, either entity may pay the application fee on behalf of the applicant.

The full name of the certificate holder; and

A serial number.

A certificate shall be valid for a term of 1 year.

To renew a certificate for an additional 1–year term, the renewal applicant shall successfully complete a refresher educational training program approved by the Department under § 13–7A–03 of this subtitle.

A physician licensed to practice medicine in the State may prescribe emergency use epinephrine in the name of a certificate holder.

A pharmacist licensed to practice pharmacy in the State or a physician may dispense emergency use epinephrine under a prescription issued to a certificate holder.

On presentment of a certificate, receive from any physician licensed to practice medicine 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.

Except as provided in paragraph (2) of this subsection, a cause of action may not arise against a certificate holder for any act or omission if the certificate holder or agent is acting in good faith while administering emergency use epinephrine to an individual who is 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.

The provisions of paragraph (1) of this subsection do not apply if a certificate holder or participating facility that makes available, or a certificate holder who administers, emergency use epinephrine to an individual who is experiencing or is believed by the certificate holder or participating facility to be experiencing anaphylaxis:

A cause of action may not arise against any physician for any act or omission if the physician in good faith prescribes or dispenses emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine to a certificate holder or participating facility under this subtitle.

A cause of action may not arise against any pharmacist for any act or omission if the pharmacist in good faith dispenses emergency use epinephrine and the necessary paraphernalia for the administration of emergency use epinephrine to a certificate holder or a participating facility under this subtitle.