65-1673. Same; criminal and civil liability under the act.
65-1673
65-1673. Same; criminal and civil liability underthe act.(a) For matters related only to the lawful donation, acceptanceor dispensing of medications under the utilization of unusedmedications act, the following persons and entities, in compliancewith the utilization of unused medications act, in the absence ofbad faith or gross negligence, shall not be subject to criminal or civilliability for injury other than death, or loss to person or property, orprofessional disciplinary action:
(1) The state board of pharmacy;
(2) the department of health and environment;
(3) the department on aging;
(4) any governmental entity ordonating entity donating medications under the utilization of unusedmedications act;
(5) any qualifying center or clinic thataccepts or dispenses medications under the utilization ofunused medications act; and
(6) any qualifying center or clinic that employs a practitioner or mid-levelpractitioner who accepts or can legally dispenseprescription drugs under the utilization of unused medications actand the pharmacy act of the state of Kansas.
(b) For matters related to the donation, acceptance or dispensing of amedication manufactured by the prescription drugmanufacturer that is donated by any entity under the utilization of unusedmedications act, a prescription drug manufacturer shall not, inthe absence of bad faith or gross negligence, be subject to criminal or civilliability for injury other than for death, or loss to person or propertyincluding, but not limited to, liability for failure to transfer or communicateproduct or consumer information or the expiration date of the donatedprescription drug.
(c) Any person who in good faith donates medications without charge under theutilization of unused medications act, which medications are in compliance withsuch act at the time donated, shall not be subject to criminal or civilliability arising from any injury or death due to the condition of suchmedications unless such injury or death is a direct result of the willful,wanton, malicious or intentional misconduct of such person.
History: L. 2008, ch. 9, § 6; Mar. 27.