S.D. Codified Laws § 34-20H-8

Current through the 2024 Legislative Session

Section 34-20H-8 - Criminal prosecution-Civil liability-Exemptions-Immunity

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§ 34-20H-2 to 34-20H-6, inclusive, nor for any failure to transfer or communicate product information.

Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:

(1) Criminal prosecution or civil liability, for:

(a) The death of, or injury to another person who received a donated prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive;

(b) Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive; or

(2) Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with §§ 34-20H-2 to 34-20H-6, inclusive.

SDCL 34-20H-8

SL 2022, ch 137, §8.

Added by S.L. 2022, ch. 137,s. 8, eff. 7/1/2022.