D.C. Code § 7-2381.06 – Limitations on liability.

(a) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, or intentional misconduct:
1. (1) An authorized entity and its employees or agents; and
2. (2) A third party that facilitates the availability of epinephrine auto-injectors to an authorized entity.
(b) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, intentional misconduct, or a willful or wanton disregard for the health or safety of others:
1. (1) A health care professional that prescribes epinephrine auto-injectors to an authorized entity;
2. (2) A pharmacist that dispenses or distributes epinephrine auto-injectors to an authorized entity; and
3. (3) An organization, individual, or entity that conducts the training described in § 7-2381.04.

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 7 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

History

Feb. 22, 2019, D.C. Law 22-207, § 7

Applicability

Applicability of D.C. Law 22-207: § 7155 of D.C. Law 23-16 repealed § 10 of D.C. Law 22-207. Therefore the creation of this section by D.C. Law 22-207 has been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see § 7155 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-207, see § 7155 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).