Section 196.981

Title XII PUBLIC HEALTH AND WELFARE

Chapter 196

Effective - 28 Aug 2006, 2 histories   

  196.981.  Immunity from civil or criminal liability, when. — 1.  The following persons and entities when acting in good faith shall not be subject to criminal or civil liability for injury, death, or loss to person or property, or professional disciplinary action for matters related to donating, accepting, or dispensing prescription drugs under the prescription drug repository program:

  (1)  The department of health and senior services;

  (2)  The director of the department of health and senior services;

  (3)  Any prescription drug manufacturer, governmental entity, or person donating prescription drugs to the program;

  (4)  Any pharmacy, hospital, nonprofit clinic, out-of-state charitable repository, or health care professional that prescribes, accepts or dispenses prescription drugs under the program; and

  (5)  Any pharmacy, hospital, nonprofit clinic, or out-of-state charitable repository that employs or has a hospital medical staff affiliation with a health care professional who accepts or dispenses prescription drugs under the program.

  2.  A prescription drug manufacturer shall not, in the absence of bad faith, be subject to criminal or civil liability for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the program, including but not limited to liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.

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(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687)