Sec. 22. (a) As used in this section, “person” refers to the following:

(1) The board, including the employees, agents, or volunteers of the board.

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 25-26-26-22

  • board: means the Indiana board of pharmacy (IC 25-26-13-3). See Indiana Code 25-26-26-2
  • eligible entity: means any of the following:

    Indiana Code 25-26-26-3

  • practitioner: means any of the following:

    Indiana Code 25-26-26-6

  • prescription drug: means a drug, as defined in IC 25-26-13-2, that requires a prescription before being dispensed or administered to a patient. See Indiana Code 25-26-26-7
  • program: refers to the prescription drug donation repository program established by section 10 of this chapter. See Indiana Code 25-26-26-8
(2) An individual who has donated a prescription drug in accordance with this chapter.

(3) A central repository or a local repository.

(4) An eligible entity participating in the prescription drug donation repository program under this chapter.

(5) A practitioner participating in the prescription drug donation repository program under this chapter.

     (b) Except as provided in subsection (d), a drug manufacturer acting in good faith is immune from civil or criminal liability for an injury, death, or loss relating 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.

     (c) Except as provided in subsection (d), a person acting in good faith is immune from civil or criminal liability for an act or omission concerning the donation, acceptance, inspection, or dispensing of a prescription drug in the prescription drug donation repository program under this chapter.

     (d) The immunity provided in subsection (b) or subsection (c) does not apply to gross negligence or willful or wanton misconduct.

     (e) A person who is immune under this section is not subject to professional discipline by the board regulating the person’s profession for an act or omission subject to the immunity.

As added by P.L.208-2023, SEC.5.

  Previous section
Next section  
 Chapter 26 Contents