(1) Any individual or entity which exercises reasonable care in donating, accepting, distributing, or dispensing prescription drugs or supplies under the Prescription Drug Donation Program Act or rules and regulations adopted and promulgated by the department shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.

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Terms Used In Nebraska Statutes 71-24,102

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(2) Any nonprofit organization administering such program shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.

(3) A drug manufacturer shall not, in the absence of bad faith or a finding of gross negligence, be subject to criminal prosecution or liability in tort or other civil action, for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a drug manufactured by the drug manufacturer that is donated by any person under the program, including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.