§328C-2 Exceptions to liability. [Repeal and reenactment on July 1, 2010. L 2004, c 190, §11.] (a) A charitable, religious, or nonprofit organization which in good faith receives pharmaceuticals or health care supplies, apparently fit for human consumption or external use, and distributes them to needy persons at no charge, shall not be liable for any civil damages or criminal penalties resulting from the use of the pharmaceuticals or health care supplies donated to needy persons unless an injury or illness results to those needy persons as a result of that organization’s gross negligence or wanton acts or omissions.
(b) Any pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner that in good faith provides pharmaceuticals, including previously dispensed prescription drugs, and health care supplies to needy persons without remuneration or expectation of remuneration, shall be exempt from civil liability for injuries and damages resulting from their acts or omissions in providing pharmaceuticals and health care supplies, except for gross negligence, or wanton acts or omissions on the part of the pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner.
(c) Any donated, previously dispensed, prescription drug:
(1) Shall be in its dispensed, unopened, tamper-evident single user unit;
(2) Shall have remained at all times in the control of a person trained and knowledgeable in the storage and administration of drugs in institutional facilities;
(3) Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer;
(4) Shall be used before the expiration date on the unit;
(5) Shall not have been in the possession of an individual member of the public; and
(6) Shall not be included within the classification of controlled substances, as defined in applicable federal and state laws.
(d) This section shall not relieve any organization from any other duty imposed upon it by law for the inspection of donated pharmaceuticals or health care supplies or for any provisions regarding the handling of those products, or relieve any health care provider from liability arising out of the prescription of such pharmaceuticals or health care supplies.
(e) No pharmaceutical manufacturer shall be liable for any claim or injury arising from the donation and transfer of any prescription drug pursuant to this chapter, including but not limited to liability for failure to transfer or communicate product or consumer information or expiration date information regarding the transferred drug. [L 1997, c 337, pt of §2; am L 2001, c 207, §2; am L 2004, c 190, §7]