State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-04 > 78b-4-504

78B-4-504. Donation of nonschedule drugs or devices -- Liability limitation.
(1) As used in this section:
(a) "Administer" is as defined in Section 58-17b-102.
(b) "Dispense" is as defined in Section 58-17b-102.
(c) "Distribute" is as defined in Section 58-17b-102.
(d) "Drug outlet" means:
(i) a pharmacy or pharmaceutical facility as defined in Section 58-17b-102; or
(ii) a person with the authority to engage in the dispensing, delivering, manufacturing, orwholesaling of prescription drugs or devices outside of the state under the law of the jurisdictionin which the person operates.
(e) "Health care provider" means:
(i) a person who is a health care provider, as defined in Section 78B-3-403, with theauthority under Title 58, Occupations and Professions, to prescribe, dispense, or administerprescription drugs or devices; or
(ii) a person outside of the state with the authority to prescribe, dispense, or administerprescription drugs or devices under the law of the jurisdiction in which the person practices.
(f) "Nonschedule drug or device" means:
(i) a prescription drug or device, as defined in Section 58-17b-102, except that it does notinclude controlled substances, as defined in Section 58-37-2; or
(ii) a nonprescription drug, as defined in Section 58-17b-102.
(g) "Prescription drug or device" is as defined in Section 58-17b-102.
(2) A drug outlet is not subject to civil liability for an injury or death resulting from thedefective condition of a nonschedule drug or device that the drug outlet distributes at no charge,in good faith, and for a charitable purpose to a drug outlet or health care provider for ultimate useby a needy person, provided that:
(a) the drug outlet complies with applicable state and federal laws regarding the storage,handling, and distribution of the nonschedule drug or device; and
(b) the injury or death is not the result of any act or omission of the drug outlet thatconstitutes gross negligence, recklessness, or intentional misconduct.
(3) A health care provider is not subject to civil liability for an injury or death resultingfrom the defective condition of a nonschedule drug or device that the health care providerdistributes to a drug outlet or health care provider for ultimate use by a needy person or directlyadministers, dispenses, or distributes to a needy person, provided that:
(a) the health care provider complies with applicable state and federal laws regarding thestorage, handling, distribution, dispensing, and administration of the nonschedule drug or device;
(b) the injury or death is not the result of any act or omission of the health care providerthat constitutes gross negligence, recklessness, or intentional misconduct; and
(c) in the event that the health care provider directly administers, distributes, or dispensesthe nonschedule drug or device to the needy person, the health care provider has retained aconsent form signed by the needy person that explains the provisions of this section which extendliability protection for charitable donations of nonschedule drugs and devices.
(4) Nothing in this section may be construed as:
(a) permitting a person who is not authorized under Title 58, Occupations andProfessions, to operate as a drug outlet or practice as a health care provider within the state; or
(b) extending liability protection to any person who acts outside of the scope of authority

granted to that person under the laws of this state or the jurisdiction in which the person operatesor practices.

Renumbered and Amended by Chapter 3, 2008 General Session