Pharmacists licensed under this chapter or physicians licensed under chapter 36-4 who participate on a drug utilization review program as defined in § 36-11-2 are individually or jointly not subject to and are immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice when acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the program conferred upon them under any provisions of law or rule, good faith being presumed until proven otherwise, with malice required to be shown by the complainant.

Terms Used In South Dakota Codified Laws 36-11-67

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC

Source: SL 1992, ch 270, § 2.

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