Epinephrine autoinjector and intranasal epinephrine spray immunity.
Del. Code tit. 16, § 3016E
in effect(a) A licensed health-care provider who prescribes or dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the licensed health-care provider caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a licensed health-care provider is not subject to any of the following as a result of prescribing or dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:
(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.
(b) A pharmacist who dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter 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 epinephrine autoinjector or intranasal epinephrine spray under this subchapter:
(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) An institution of higher education that possesses and makes available epinephrine autoinjector or intranasal epinephrine spray under this subchapter must do so in good faith and with reasonable care. Unless it is established that the institution of higher education caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, an institution of higher education is not subject to any of the following as a result of possessing or making available an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:
(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) An individual who administers or provides an epinephrine autoinjector or intranasal epinephrine spray under this subchapter is exempt from liability under § 6801 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c030e/sc02/index.htmlFetched: 10/4/2026