(a) The administration of an epinephrine auto-injector in accordance with this article is not the practice of medicine.

Terms Used In West Virginia Code 16-50-5

  • Administer: means to directly apply an epinephrine auto-injector to the body of an individual. See West Virginia Code 16-50-1
  • Authorized entity: means an entity or organization where allergens capable of causing a severe allergic reaction may be present. See West Virginia Code 16-50-1
  • Authorized health care practitioner: means an allopathic physician licensed to practice pursuant to the provisions of article three, chapter . See West Virginia Code 16-50-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Epinephrine auto-injector: means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. See West Virginia Code 16-50-1
  • Self-administration: means an individual'. See West Virginia Code 16-50-1

(b) An authorized health care practitioner who prescribes epinephrine auto-injectors to an authorized entity; an authorized entity that possesses and makes available epinephrine auto-injectors; and, an entity or person that conducts the training under section three of this article are not liable for civil damages that result from the administration or self-administration of an epinephrine auto-injector, the failure to administer an epinephrine auto-injector, or any other act or omission committed, in good faith, pursuant to this article.

(c) An individual employed by an authorized entity who administers or provides an epinephrine auto-injection to a person as provided in this article is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the individual's gross negligence or willful misconduct.