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Home » US Law » 2022 South Dakota Codified Laws » Title 34 - Public Health and Safety » Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies » Section 34-20H-8 – Criminal prosecution–Civil liability–Exemptions–Immunity.

34-20H-8. Criminal prosecution–Civil liability–Exemptions–Immunity.

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§34-20H-2 to 34-20H-6, inclusive, nor for any failure to transfer or communicate product information.

Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:

(1)Criminal prosecution or civil liability, for:

(a)The death of, or injury to another person who received a donated prescription drug or medical supply under §§34-20H-2 to 34-20H-6, inclusive;

(b)Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive; or

(2)Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with §§34-20H-2 to 34-20H-6, inclusive.

Source: SL 2022, ch 137, §8.