§328C-2  Exceptions to liability.  [Repealand reenactment on July 1, 2010.  L 2004, c 190, §11.]  (a)  A charitable,religious, or nonprofit organization which in good faith receivespharmaceuticals or health care supplies, apparently fit for human consumptionor external use, and distributes them to needy persons at no charge, shall notbe liable for any civil damages or criminal penalties resulting from the use ofthe pharmaceuticals or health care supplies donated to needy persons unless aninjury or illness results to those needy persons as a result of thatorganization’s gross negligence or wanton acts or omissions.

(b)  Any pharmacy, wholesale prescription drugdistributor, pharmaceutical company, institutional facility, or practitionerthat in good faith provides pharmaceuticals, including previously dispensedprescription drugs, and health care supplies to needy persons withoutremuneration or expectation of remuneration, shall be exempt from civilliability for injuries and damages resulting from their acts or omissions inproviding pharmaceuticals and health care supplies, except for grossnegligence, or wanton acts or omissions on the part of the pharmacy, wholesaleprescription drug distributor, pharmaceutical company, institutional facility, orpractitioner.

(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 controlof a person trained and knowledgeable in the storage and administration ofdrugs in institutional facilities;

(3)  Shall not have been adulterated, misbranded, orstored under conditions contrary to standards established by the United StatesPharmacopoeia or the product manufacturer;

(4)  Shall be used before the expiration date on theunit;

(5)  Shall not have been in the possession of anindividual member of the public; and

(6)  Shall not be included within the classificationof controlled substances, as defined in applicable federal and state laws.

(d)  This section shall not relieve anyorganization from any other duty imposed upon it by law for the inspection ofdonated pharmaceuticals or health care supplies or for any provisions regardingthe handling of those products, or relieve any health care provider fromliability arising out of the prescription of such pharmaceuticals or healthcare supplies.

(e)  No pharmaceutical manufacturer shall beliable for any claim or injury arising from the donation and transfer of anyprescription drug pursuant to this chapter, including but not limited toliability for failure to transfer or communicate product or consumerinformation or expiration date information regarding the transferred drug. [L1997, c 337, pt of §2; am L 2001, c 207, §2; am L 2004, c 190, §7]