Extends the Good Samaritan Law to pharmacists, wholesale prescription drug distributor, pharmaceutical companies, or physicians who in good faith without remuneration provide pharmaceuticals and health care supplies to needy persons. (SD1)

A BILL FOR AN ACT

SECTION 1. Section 328C-2, Hawaii Revised Statutes,

"[[]§328C-2[]] Exceptions to liability. (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, or practitioner that in good faith provides pharmaceuticals 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, or practitioner.

[(b)] (c) 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, [nor] or relieve any health care provider from liability arising out of the prescription of such pharmaceuticals or health care supplies."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.