§13812. Dispensing of medication by pharmacist
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)
1. Dispensing of medication. A pharmacist, who in good faith relies upon a certification card presented by a midwife identifying that the midwife has met the certification standards described under section 13811, may sell and dispense to the midwife the noncontrolled prescription drugs and substances identified in section 13811.
[PL 2007, c. 669, §2 (NEW).]
2. Good faith. A pharmacist, or person acting at the direction of a pharmacist, who:
A. In good faith sells and dispenses noncontrolled prescription drugs and substances to a midwife pursuant to this section is not liable for any adverse reactions caused by any method of use by the midwife; and [PL 2007, c. 669, §2 (NEW).]
B. Makes a report relating to the dispensing of noncontrolled prescription drugs and substances to a midwife pursuant to section 13811 to an enforcement agency is immune from any civil liability that may result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. [PL 2007, c. 669, §2 (NEW).]
In a proceeding in which a pharmacist, or person acting at the direction of a pharmacist, invokes the immunity provided pursuant to this section, there is a rebuttable presumption of good faith.
[PL 2007, c. 669, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 669, §2 (NEW). PL 2015, c. 502, §13 (RP). PL 2015, c. 502, §16 (AFF).