65-1666. Same; criminal or civil liability.
65-1666
65-1666. Same; criminal or civil liability.(a) Any person who in good faith donates cancer drugs withoutcharge to the cancerdrug repository program which drugs are in compliance with the provisions ofthis act at the time donated shall not be subject to criminal or civilliabilityarising from any injury or death due to the condition of such drugs unless suchinjury or death is a direct result of the willful, wanton, malicious orintentional misconduct of such person.
(b) Any person who in good faith accepts cancer drugs, in accordance withthe provisions of this act and as part of the cancer drug repository program,which drugs are in compliance with the provisions of this act at the timeaccepted, shall not be subject to criminal or civil liability arising from anyinjury or death due to the condition of such drugs unless such injury or deathis a direct result of the willful, wanton, malicious or intentional misconductof such person.
(c) Any person who in good faith dispenses cancer drugs without charge,except as provided in this act, in accordance with the provisions of this actand as part of the cancer drug repository program which drugs are in compliancewith the provisions of this act at the time dispensed shall not be subject tocriminal or civil liability arising from any injury or death due to thecondition of such drugs unless such injury or death is a direct result of thewillful, wanton, malicious or intentional misconduct of such person.
(d) A manufacturer of drugs shall not be subject to criminal or civilliability for any injury or death related to the donation, acceptance ordispensing of a cancer drug as part of the cancer drug repository programcreated under this act which drug was manufactured by the drug manufacturerunless such injury or death is a direct result of the willful, wanton,malicious or intentional misconduct of the drug manufacturer.
History: L. 2005, ch. 121, § 3; July 1.