Texas Health and Safety Code 442.057 – Limitation of Liability
(a) A donor or participating provider who acts in good faith in donating, accepting, storing, labeling, distributing, or dispensing prescription drugs under this chapter:
(1) is not criminally liable and is not subject to professional disciplinary action for those activities; and
(2) is not civilly liable for damages for bodily injury, death, or property damage that arises from those activities unless the injury, death, or damage arises from the donor or participating provider’s recklessness or intentional conduct.
(b) A manufacturer of a prescription drug that donates a drug under this chapter is not, in the absence of bad faith, criminally or civilly liable for bodily injury, death, or property damage arising from the donation, acceptance, or dispensing of the drug, including the manufacturer’s failure to communicate to a donor or other person:
(1) product or consumer information about the donated prescription drug; or
(2) the expiration date of the donated prescription drug.
Terms Used In Texas Health and Safety Code 442.057
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Donor: The person who makes a gift.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
