Okla. Stat. tit. 63, § 63-1-293

Providing and administering auto-injectors – Immunity from

liability.

A. A licensed practitioner may prescribe epinephrine auto-

injectors in the name of an authorized entity or an authorized

individual for use in accordance with this section, and pharmacists

and physicians may dispense epinephrine auto-injectors pursuant to a

prescription issued in the name of an authorized entity or an

authorized individual; provided, however, such prescriptions shall

only be filled by pharmacists licensed in this state by the State

Board of Pharmacy.

B. An authorized entity or an authorized individual may acquire

and stock a supply of epinephrine auto-injectors pursuant to a

prescription issued in accordance with this section. Such

epinephrine auto-injectors shall be stored in a location readily

accessible in an emergency and in accordance with the epinephrine

auto-injector's instructions for use and any additional requirements

that may be established by the Board of Pharmacy. An authorized

entity shall designate employees or agents who have completed the

Oklahoma Statutes - Title 63. Public Health and Safety Page 173

training required by Section 1-292 et seq. of this title to be

responsible for the storage, maintenance, and general oversight of

epinephrine auto-injectors acquired by the authorized entity.

C. An employee or agent of an authorized entity, an authorized

individual, or other individual, who has completed the training

required by Section 1-292 et seq. of this title may, on the premises

of or in connection with the authorized entity or authorized

individual, use epinephrine auto-injectors prescribed pursuant to

Section 1-292 et seq. of this title to:

1. Provide an epinephrine auto-injector to any individual who

the employee, agent or individual believes in good faith is

experiencing anaphylaxis for immediate self-administration,

regardless of whether the individual has a prescription for an

epinephrine auto-injector or has previously been diagnosed with an

allergy; and

2. Administer an epinephrine auto-injector to any individual

who the employee, agent or individual believes in good faith is

experiencing anaphylaxis, regardless of whether the individual has a

prescription for an epinephrine auto-injector or has previously been

diagnosed with an allergy.

D. An employee, agent or individual described in subsection C

of this section must complete an anaphylaxis training program prior

to providing or administering an epinephrine auto-injector pursuant

to Section 1-292 et seq. of this title. Such training shall be

conducted by a nationally recognized organization experienced in

training laypersons in emergency health treatment or other entity or

an individual approved by the Board of Pharmacy. The entity

conducting training shall issue a certificate to each person who

successfully completes the anaphylaxis training program. Training

may be conducted online or in person and, at a minimum, shall cover:

1. Techniques on how to recognize symptoms of severe allergic

reactions, including anaphylaxis;

2. Standards and procedures for the storage and administration

of an epinephrine auto-injector; and

3. Emergency follow-up procedures.

E. An authorized entity or authorized individual that possesses

and makes available epinephrine auto-injectors and employees,

agents, authorized individuals, and other trained individuals; an

individual who uses an epinephrine auto-injector made available

pursuant to the provisions of Section 1-292 et seq. of this title; a

licensed practitioner that prescribes epinephrine auto-injectors to

an authorized entity or authorized individual; and an individual or

entity that conducts the training described in subsection D of this

section shall not be liable for any injuries or related damages that

result from the administration of, self-administration of or failure

to administer an epinephrine auto-injector in accordance with this
titioner that prescribes epinephrine auto-injectors to

an authorized entity or authorized individual; and an individual or

entity that conducts the training described in subsection D of this

section shall not be liable for any injuries or related damages that

result from the administration of, self-administration of or failure

to administer an epinephrine auto-injector in accordance with this

section that may constitute ordinary negligence.

Oklahoma Statutes - Title 63. Public Health and Safety Page 174

1. This immunity shall not apply to acts or omissions

constituting gross, willful or wanton negligence. The

administration of an epinephrine auto-injector in accordance with

Section 1-292 et seq. of this title is not the practice of medicine.

The immunity from liability provided under this subsection is in

addition to and not in lieu of that provided under the Good

Samaritan Act.

2. An entity located in this state shall not be liable for any

injuries or related damages that result from the provision or

administration of an epinephrine auto-injector by its employees or

agents outside of this state if the entity or its employee or agent

would not have been liable for such injuries or related damages had

the provision or administration occurred within this state.

F. The Board of Pharmacy, the State Board of Medical Licensure

and Supervision, and the State Board of Osteopathic Examiners shall

promulgate any rules necessary to implement the provisions of

Section 1-292 et seq. of this title.