Kentucky Statutes 315.456 – Immunity from civil liability — Exceptions
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15.456 Immunity from civil liability — Exceptions.
(1) Unless the manufacturer of a legend drug or supply needed to administer a legend drug exercises bad faith or fails to exercise ordinary care, the manufacturer of a legend drug or supply shall not be subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of the drug or supply under the legend drug repository created under KRS § 315.452, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.
(2) Health facilities, pharmacies, and health care providers shall be immune from civil liability for injury to or the death of an individual to whom a legend drug or supply is dispensed and shall not be subject to disciplinary action for unprofessional conduct for their acts or omissions related to donating, accepting, distributing, or dispensing a legend drug or supply under KRS
315.450 to 315.460, unless the act or omission involves reckless, wanton, or intentional misconduct or the act or omission results from failure to exercise ordinary care.
Effective:June 29, 2017
History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 15, effective June 29, 2017 — Created 2005 Ky. Acts ch. 136, sec. 4, effective June
20, 2005.
Formerly codified as KRS § 194A.456.
(1) Unless the manufacturer of a legend drug or supply needed to administer a legend drug exercises bad faith or fails to exercise ordinary care, the manufacturer of a legend drug or supply shall not be subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of the drug or supply under the legend drug repository created under KRS § 315.452, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.
Terms Used In Kentucky Statutes 315.456
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administer: means the direct application of a drug to a patient or research subject by injection, inhalation, or ingestion, whether topically or by any other means. See Kentucky Statutes 315.010
- dispensing: means to deliver one (1) or more doses of a prescription drug in a suitable container, appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Kentucky Statutes 315.010
- Drug: means any of the following:
(a) Articles recognized as drugs or drug products in any official compendium or supplement thereto. See Kentucky Statutes 315.010
(2) Health facilities, pharmacies, and health care providers shall be immune from civil liability for injury to or the death of an individual to whom a legend drug or supply is dispensed and shall not be subject to disciplinary action for unprofessional conduct for their acts or omissions related to donating, accepting, distributing, or dispensing a legend drug or supply under KRS
315.450 to 315.460, unless the act or omission involves reckless, wanton, or intentional misconduct or the act or omission results from failure to exercise ordinary care.
Effective:June 29, 2017
History: Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 136, sec. 15, effective June 29, 2017 — Created 2005 Ky. Acts ch. 136, sec. 4, effective June
20, 2005.
Formerly codified as KRS § 194A.456.