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 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. “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 issued by the Department to an individual 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. “Eligible institution” means an institution of higher education that has a food service facility or a recreation and wellness facility on the premises and that is authorized under this subtitle to obtain and store emergency use epinephrine. “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. “Food service facility” has the meaning indicated in § 21–301 of this article. “Participating facility” means a recreation or wellness facility at an eligible institution or a food service facility, including a food service facility at an eligible institution, in the State that voluntarily participates in the Program. “Program” means the Emergency Use Epinephrine Program established under § 13–7A–02 of this subtitle.

There is an Emergency Use Epinephrine Program. The purpose of the Program is to authorize individuals employed by a participating facility to obtain and store emergency use epinephrine and administer emergency use epinephrine to individuals who are experiencing or are believed to be experiencing anaphylaxis when a physician or emergency medical services are not immediately available. Subject to paragraph (4) of this subsection, each participating facility may obtain: A prescription for a supply of emergency use epinephrine from a licensed physician as provided in § 13–7A–06 of this subtitle; and A supply of emergency use epinephrine from a licensed pharmacist or a licensed physician as provided in § 13–7A–06 of this subtitle. Each participating facility shall store a supply of emergency use epinephrine obtained under paragraph (1)(ii) of this subsection: In accordance with the manufacturer’s instructions; and In a location that is readily accessible to employees or affiliated individuals in an emergency situation. 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.

The Department shall: 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. The Department may: 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. An educational training program approved by the Department under subsection (a)(4) of this section may be an online training program.

To qualify for a certificate, an applicant shall: 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 Department shall issue a certificate to any applicant who meets the requirements of § 13–7A–04 of this subtitle. Each certificate shall include: The full name of the certificate holder; and A serial number. A replacement certificate may be issued to replace a lost, destroyed, or mutilated certificate if the certificate holder pays a certificate replacement fee set by the Department. 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. A certificate holder may: 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. In an emergency situation when a physician or emergency medical services are not immediately available, a certificate holder or an agent may administer emergency use epinephrine to an individual who is experiencing or is believed in good faith by the certificate holder or agent to be experiencing anaphylaxis.

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: Fails to follow standards and procedures for storage and administration of emergency use epinephrine; or Administers emergency use epinephrine that is beyond the manufacturer’s expiration date. 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. 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 law or by common law to which a physician or pharmacist may be entitled.

This subtitle may not be construed to create a duty on any individual employed by a recreation or wellness facility at an eligible institution or food service facility to obtain a certificate under this subtitle, and an individual employed by a recreation or wellness facility at an eligible institution or food service facility 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.

A certificate holder shall submit to the Department, in the manner required under § 13–7A–03 of this subtitle, a report of 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.