135M.5 EXEMPTION FROM DISCIPLINARY ACTION, CIVIL
LIABILITY, AND CRIMINAL PROSECUTION.
1. A drug manufacturer acting reasonably and in good faith, is
not subject to criminal prosecution or civil liability for injury,
death, or loss to a person or property for matters related 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.
2. Except as provided in subsection 3, a person including the
department or the department's employees, agents, or volunteers, but
not a drug manufacturer subject to subsection 1, acting reasonably
and in good faith, is immune from civil liability and criminal
prosecution for injury to or the death of an individual to whom a
donated prescription drug is dispensed under this chapter and shall
be exempt from disciplinary action related to the person's acts or
omissions related to the donation, acceptance, distribution, or
dispensing of a donated prescription drug under this chapter.
3. The immunity and exemption provided in subsection 2 do not
extend to any of the following:
a. The donation, acceptance, distribution, or dispensing of a
donated prescription drug under this chapter by a person if the
person's acts or omissions are not performed reasonably and in good
faith.
b. To acts or omissions outside the scope of the program.
135M.5 EXEMPTION FROM DISCIPLINARY ACTION, CIVIL
LIABILITY, AND CRIMINAL PROSECUTION.
1. A drug manufacturer acting reasonably and in good faith, is
not subject to criminal prosecution or civil liability for injury,
death, or loss to a person or property for matters related 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.
2. Except as provided in subsection 3, a person including the
department or the department's employees, agents, or volunteers, but
not a drug manufacturer subject to subsection 1, acting reasonably
and in good faith, is immune from civil liability and criminal
prosecution for injury to or the death of an individual to whom a
donated prescription drug is dispensed under this chapter and shall
be exempt from disciplinary action related to the person's acts or
omissions related to the donation, acceptance, distribution, or
dispensing of a donated prescription drug under this chapter.
3. The immunity and exemption provided in subsection 2 do not
extend to any of the following:
a. The donation, acceptance, distribution, or dispensing of a
donated prescription drug under this chapter by a person if the
person's acts or omissions are not performed reasonably and in good
faith.
b. To acts or omissions outside the scope of the program.
135M.5 EXEMPTION FROM DISCIPLINARY ACTION, CIVIL
LIABILITY, AND CRIMINAL PROSECUTION.
1. A drug manufacturer acting reasonably and in good faith, is
not subject to criminal prosecution or civil liability for injury,
death, or loss to a person or property for matters related 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.
2. Except as provided in subsection 3, a person including the
department or the department's employees, agents, or volunteers, but
not a drug manufacturer subject to subsection 1, acting reasonably
and in good faith, is immune from civil liability and criminal
prosecution for injury to or the death of an individual to whom a
donated prescription drug is dispensed under this chapter and shall
be exempt from disciplinary action related to the person's acts or
omissions related to the donation, acceptance, distribution, or
dispensing of a donated prescription drug under this chapter.
3. The immunity and exemption provided in subsection 2 do not
extend to any of the following:
a. The donation, acceptance, distribution, or dispensing of a
donated prescription drug under this chapter by a person if the
person's acts or omissions are not performed reasonably and in good
faith.
b. To acts or omissions outside the scope of the program.
