§ 25-26-26-22 — Immunity; discipline

(a) As used in this section, "person" refers
to the following:
(1) The board, including the employees, agents, or volunteers of
the board.
(2) An individual who has donated a prescription drug in
accordance with this chapter.
(3) A central repository or a local repository.
(4) An eligible entity participating in the prescription drug
donation repository program under this chapter.
(5) A practitioner participating in the prescription drug donation
repository program under this chapter.
(b) Except as provided in subsection (d), a drug manufacturer acting
in good faith is immune from civil or criminal liability for an injury,
death, or loss relating to the donation, acceptance, or dispensing of a
prescription drug manufactured by the drug manufacturer that is
donated under this chapter, including liability for failure to transfer or
communicate product or consumer information or the expiration date
of the donated prescription drug.
(c) Except as provided in subsection (d), a person acting in good
faith is immune from civil or criminal liability for an act or omission
concerning the donation, acceptance, inspection, or dispensing of a
prescription drug in the prescription drug donation repository program
under this chapter.
(d) The immunity provided in subsection (b) or subsection (c) does
not apply to gross negligence or willful or wanton misconduct.
(e) A person who is immune under this section is not subject to
professional discipline by the board regulating the person's profession
for an act or omission subject to the immunity.

Legislative History

As added by P.L.208-2023, SEC.5.