Missouri Revised Statutes













Chapter 196

Food, Drugs and Tobacco

←196.979

Section 196.981.1

196.984→

August 28, 2015

Immunity from civil or criminal liability, when.

196.981. 1. The following persons and entities when acting in good faith

shall not be subject to criminal or civil liability for injury, death, or

loss to person or property, or professional disciplinary action for matters

related to donating, accepting, or dispensing prescription drugs under the

prescription drug repository program:



(1) The department of health and senior services;



(2) The director of the department of health and senior services;



(3) Any prescription drug manufacturer, governmental entity, or person

donating prescription drugs to the program;



(4) Any pharmacy, hospital, nonprofit clinic, out-of-state charitable

repository, or health care professional that prescribes, accepts or dispenses

prescription drugs under the program; and



(5) Any pharmacy, hospital, nonprofit clinic, or out-of-state

charitable repository that employs or has a hospital medical staff

affiliation with a health care professional who accepts or dispenses

prescription drugs under the program.



2. A prescription drug manufacturer shall not, in the absence of bad

faith, be subject to criminal or civil liability for injury, death, or loss

to person or property for matters related to the donation, acceptance, or

dispensing of a prescription drug manufactured by the prescription drug

manufacturer that is donated by any person under the program, including but

not limited to liability for failure to transfer or communicate product or

consumer information or the expiration date of the donated prescription drug.



(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687)





2004



2004



196.981. 1. The following persons and entities when acting in good

faith shall not be subject to criminal or civil liability for injury,

death, or loss to person or property, or professional disciplinary action

for matters related to donating, accepting, or dispensing prescription

drugs under the prescription drug repository program:



(1) The department of health and senior services;



(2) The director of the department of health and senior services;



(3) Any prescription drug manufacturer, governmental entity, or

person donating prescription drugs to the program;



(4) Any pharmacy, hospital, nonprofit clinic, or health care

professional that prescribes, accepts or dispenses prescription drugs under

the program; and



(5) Any pharmacy, hospital, or nonprofit clinic that employs or has a

hospital medical staff affiliation with a health care professional who

accepts or dispenses prescription drugs under the program.



2. A prescription drug manufacturer shall not, in the absence of bad

faith, be subject to criminal or civil liability for injury, death, or loss

to person or property for matters related to the donation, acceptance, or

dispensing of a prescription drug manufactured by the prescription drug

manufacturer that is donated by any person under the program, including but

not limited to liability for failure to transfer or communicate product or

consumer information or the expiration date of the donated prescription

drug.



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