315.456 Immunity from civil liability -- Exceptions.

185 words·~1 min read·/ky/chapter-315/315-456

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.