Delaware Code Title 16 Sec. 3005G – Immunity
(a) Notwithstanding any other provision of law, the purchase, acquisition, possession, or use of an opioid antagonist under this chapter does not constitute the unlawful practice of a profession or violation of the Uniform Controlled Substances Act, Chapter 47 of this title.
Terms Used In Delaware Code Title 16 Sec. 3005G
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) A health-care practitioner who prescribes or dispenses an opioid antagonist, directly or by standing order, must do so in good faith and with reasonable care. Unless it is established that the health-care practitioner caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a health-care practitioner is not subject to any of the following as a result of prescribing or dispensing an opioid antagonist:
(1) Disciplinary or other adverse action under the professional licensing laws of this State.
(2) Criminal liability.
(3) Liability for damages for injuries or death.
(c) A pharmacist who dispenses an opioid antagonist under this chapter must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an opioid antagonist under this chapter:
(1) Disciplinary or other adverse action under the professional licensing laws of this State.
(2) Criminal liability.
(3) Liability for damages for injuries or death.
(d) Public safety personnel who, acting in good faith, administers an opioid antagonist under this chapter, is not liable for damages for injuries or death sustained to the individual in connection with administering an opioid antagonist, unless it is established that such injuries or death were caused wilfully, wantonly, recklessly, or by gross negligence on the part of the public safety personnel who administered the opioid antagonist.
(e) A lay individual who administers an opioid antagonist to an individual under this chapter is rendering emergency care and is exempt from liability under § 6801 of this title.