Q: I am a Paramedic in SC. I want to start my own business selling 1st aid kits. Any liability if I include medications?
A:
Dispensing medication is highly regulated as you likely understand. If you are thinking about including things like prepackaged ibuprofen or other OTC medicines and you provide them in packaging containing all of the manufacturer's labeling and warnings, then I think you'd be in fairly safe waters. If you are thinking about medications that a paramedic might use, like an Epipen, then that could be a problem unless you only sell to licensed paramedics. Basically, you don't want to create a set up where you as the provider of the kit have taken on the role of guiding the user of the kit as to proper use of the medications.
Also, I'd suggest you buy a first aid kit from a reputable current provider and take a look at how they have used instructions, labeling, etc. to address the potential for liability. Of course you should not plagiarize their work product but can certainly look at what they have done to decide what is best for you.
A: Try reverse engineering it. Ask an insurance broker what your cost of getting insurance would be. Bet they tell you that no matter what you put on the package, even if you only sell to other paramedics, that cost of a policy covering you for claims will signifcanlty increas if you add medications (other than OTC) to the mix.
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