§ 23-25.4-7 - Liability. - Rhode Island Statutes

SECTION 23-25.4-7

   § 23-25.4-7  Liability. – (a) For matters related only to the lawful donation, acceptance, orre-dispensing of prescription drugs under this chapter, the following personsand entities, in compliance with the criteria set forth in this chapter, in theabsence of bad faith shall not be subject to criminal or civil liability forinjury, death, or loss to person or property, or professional disciplinaryaction:

   (1) The board of pharmacy;

   (2) Any resident of a nursing facility or assisted livingresidence who agrees to donate unused prescription drugs, or his/her next ofkin or legal guardian or estate;

   (3) The department of mental health, retardation andhospitals;

   (4) Any charitable clinic, prescription drug manufacturer,governmental entity, nursing facility, or assisted living residence whoparticipates in the program for the reuse of prescription drugs pursuant tothis chapter;

   (5) Any prescription drug manufacturer or its representativethat directly donates prescription drugs in professional samples to acharitable clinic or a pharmacy pursuant to this chapter;

   (6) Any charitable clinic, health care prescriber or pharmacythat accepts or re-dispenses prescription drugs pursuant to this chapter; and

   (7) Any pharmacy or pharmacist operating in conjunction witha charitable clinic, or other state-contracted pharmacy that employs a healthcare professional who accepts or can legally dispense prescription drugspursuant to this chapter.

   (b) For matters related to the donation, acceptance, ordispensing of a prescription drug manufactured by the prescription drugmanufacturer that is donated by any entity pursuant to this chapter, aprescription drug manufacturer shall not, in the absence of bad faith besubject to criminal or civil liability for injury, death, or loss to person orproperty including, but not limited to, liability for failure to transfer orcommunicate product or consumer information or the expiration date of thedonated prescription drug.