Current through P.L. 171-2024
Section 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.Added by P.L. 208-2023,SEC. 5, eff. 7/1/2023.