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:
(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.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies
Section 34-20H-1 - Definitions.
Section 34-20H-2 - Acceptance of donated drugs and supplies--Conditions--Prohibitions.
Section 34-20H-3 - Inspection requirement.
Section 34-20H-4 - Participating pharmacy--Requirements.
Section 34-20H-5 - Reimbursement.
Section 34-20H-6 - Fees authorized.
Section 34-20H-7 - Promulgation of rules.
Section 34-20H-8 - Criminal prosecution--Civil liability--Exemptions--Immunity.
Section 34-20H-9 - Electronic database of drugs and supplies.