N.J. Admin. Code § 8:32-9.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:32-9.1 - Immunity from liability

(a) Any donor, redistributor, third-party intermediary, common carrier, contract carrier, governmental agency, including, but not limited to, the Department of Health and the Board of Pharmacy, pharmacy benefit manager, pharmacy services administration organization, health care coverage program, or other entity or person, including, but not limited to, volunteers, employees, officers, directors, owners, partners, managers, and members, who acts reasonably and in good faith, within the scope of a drug donation program, and, in accordance with the provisions of this chapter, shall be:

1. Immune from civil or criminal liability for any injury, death, or loss suffered by a person who is dispensed a donated drug or donated administration supplies pursuant to this chapter; and

2. Exempt from any professional disciplinary action stemming from any act or omission associated with any activity pursuant to this chapter, including, but not limited to, the donation, acceptance, repackaging, transportation, transfer, or dispensing of a donated drug or donated administration supplies.

(b) A drug manufacturer, wholesaler, or other entity participating in the supply chain of the donated drug or donated administration supplies who acts reasonably and in good faith, in accordance with the provisions of this chapter, and as otherwise required by law, shall be immune from civil or criminal liability for any injury, death, or loss to a person or property stemming from any act or omission in association with any activity pursuant to this chapter including, but not limited to, the donation, acceptance, repackaging, transportation, transfer, or dispensing of an over-the-counter drug or prescription drug that is manufactured or distributed by the drug manufacturer, wholesaler, or other entity and donated pursuant to this act, including any liability resulting from a failure to transfer or communicate product or consumer information or the beyond use date of the donated drug.

(c) A redistributor who dispenses donated drugs or administration supplies that have been recalled shall be immune from civil or criminal liability for any injury, death, or loss suffered by a person who has dispensed those drugs or administration supplies, provided that the redistributor was not notified of the recall by the donor, by another redistributor, or through other means.

N.J. Admin. Code § 8:32-9.1

Adopted by 56 N.J.R. 1793(a), effective 9/3/2024