US Lawyer Database

    318:60 Limited Immunity. –

I. Accepting or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any entity pursuant to this subdivision shall not subject a prescription drug manufacturer to criminal or civil liability for injury, death, or loss to person or property for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug, or for damages related to improper storage of the donated prescription drug or use after the expiration date. Except as provided in this section, nothing in this subdivision shall in any way limit liability that would have existed under the original prescription.

II. Pharmacies, pharmacists, and other persons or entities acting in good faith, participating in the unused prescription drug program, and students and faculty of medical and pharmacy education institutions, with respect to the duties they perform as part of the program, shall not be subject to criminal or civil liability for injury, death, or loss to person or property for damages related to improper storage of the donated prescription drug or use after the expiration date, provided they comply with rules adopted by the board.

Source. 2006, 152:1. 2010, 89:4, eff. July 24, 2010.