338.155. Immunity from civil liability, when. - Missouri Statutes

Immunity from civil liability, when.

338.155. 1. Any person who in good faith and without malice reports,provides information, or cooperates in any manner with the board, orassists the board in any manner including, but not limited to, anyapplicant or licensee, whether or not the applicant or licensee is thesubject of an investigation, record custodians, consultants, attorneys,board members, agents, employees, staff or expert witnesses, in the courseof any investigation, hearing or other proceeding conducted by or beforethe board pursuant to the provisions of this chapter shall not be subjectto an action for civil damages as a result of providing such informationand cooperating with the board.

2. No physician or other authorized prescriber who, in good faith,cooperates with the board by writing a prescription or drug order at therequest of the board pursuant to a routine inspection or a lawfulinvestigation shall, by virtue of that cooperation, be in violation of thischapter or any drug laws of this state and shall be acting as an agent ofthe state and, as such, shall have sovereign immunity for those actions.

3. No licensee, registrant, permit holder, or other individual orentity subject to the board's jurisdiction who, in good faith, fills aprescription presented by the board as part of an inspection orinvestigation shall, by virtue of that act, be in violation of this chapteror the drug laws of this state, provided the prescription is otherwiseprepared and dispensed in a lawful manner.

(L. 2004 S.B. 1122)