Browse Arkansas Code titles and sections
20-13-406. Immunity.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-13-406. Immunity.
(a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from:
(1) The emergency care or treatment; and
(2) Any good faith act or omission to provide or arrange for further medical treatment.
(b) A person or entity granted immunity under subsection (a) of this section includes without limitation:
(1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter;
(2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity;
(3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and
(4) A certificate holder.
(c) The immunity under subsection (a) of this section does not apply if the cause of action results from gross negligence or willful or wanton misconduct.
(d) Immunity under this section is in addition to the immunity provided to an individual acting as a “Good Samaritan” under the provisions of § 17-95-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-13-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-13-406
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 11c64f91e7deb10a2e62809d2f5104778459ca05c884730fdd04ced5d9f91347
Source location: content.xml paragraph 8641
Stored source content
20-13-406. Immunity.
(a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from:
(1) The emergency care or treatment; and
(2) Any good faith act or omission to provide or arrange for further medical treatment.
(b) A person or entity granted immunity under subsection (a) of this section includes without limitation:
(1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter;
(2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity;
(3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and
(4) A certificate holder.
(c) The immunity under subsection (a) of this section does not apply if the cause of action results from gross negligence or willful or wanton misconduct.
(d) Immunity under this section is in addition to the immunity provided to an individual acting as a “Good Samaritan” under the provisions of § 17-95-101.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-101. “Good Samaritan” law — Definition.
(a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct.
(b) Any person who is not a healthcare professional who is present at an emergency or accident scene and who:
(1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and
(2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person,
shall not be held liable in civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.
(c) No healthcare professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a healthcare facility for an injury suffered in the course of the event or contest shall be liable for any civil damages as a result of any acts or omissions by that healthcare professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-95-101. This identifies an authority to review, not proof of applicability.