South Dakota Codified Laws 34-20H-8. Criminal prosecution–Civil liability–Exemptions–Immunity
A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§ 34-20H-2 to 34-20H-6, inclusive, nor for any failure to transfer or communicate product information.
Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:
Terms Used In South Dakota Codified Laws 34-20H-8
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(1) Criminal prosecution or civil liability, for:
(a) The death of, or injury to another person who received a donated prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive;
(b) Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive; or
(2) Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with §§ 34-20H-2 to 34-20H-6, inclusive.
Source: SL 2022, ch 137, § 8.