(a) Except for gross negligence, willful misconduct, or bad faith, a drugmanufacturer is not civilly liable or subject to criminal prosecution for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the drug manufacturer that is donated under this part, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.(b) Except as provided in subsection (d), a medical facility or another person who is not a drug manufacturer subject to subsection (a) is not civilly liable or subject to criminal prosecution for injury to or the death of an individual to whom a donated prescription drug is dispensed under this part except due to its own gross negligence, willful misconduct, or bad faith. The medical facility or other person who is not a drug manufacturer subject to subsection (a) is also exempt from disciplinary action related to the facility’s or person’s acts or omissions related to the donation, acceptance, distribution, or dispensing of a donated prescription drug under this part.(c) Except for gross negligence, willful misconduct, or bad faith, the department of health or the board of pharmacy shall not be civilly liable or subject to criminal prosecution for injury, death, or loss to a person or property resulting from matters related to the donation, acceptance, distribution, or dispensing of a prescription drug donated pursuant to this part.(d) The immunity and exemption provided in subsections (b) and (c) do not extend to the following:
(1) The donation, acceptance, distribution, or dispensing of a donated prescription drug under this part by a person if the person’s acts or omissions are not performed reasonably and in good faith; or(2) Acts or omissions outside the scope of the program.
