2010 Georgia Code
TITLE 26 - FOOD, DRUGS, AND COSMETICS
CHAPTER 4 - PHARMACISTS AND PHARMACIES
ARTICLE 11 - UTILIZATION OF UNUSED PRESCRIPTION DRUGS
§ 26-4-194 - Immunity from liability for those dispensing donated drugs

O.C.G.A. 26-4-194 (2010)
26-4-194. Immunity from liability for those dispensing donated drugs


(a) Physicians, pharmacists, other health care professionals when acting within the scope of practice of their respective licenses, and health care facilities shall not be subject to liability for transferring or receiving unused prescription drugs pursuant to this article and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192.

(b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. For purposes of this subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement.

(c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of prescription drugs or its employees or agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article.

(d) Drug manufacturers shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for the donation, acceptance, or dispensing of a drug under the program or for the failure to transfer or communicate product or consumer information or the expiration date of a drug donated under the program.