§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]