HARRY HUGHES, Governor                              871

AND PUBLIC HEALTH PRACTICE AND GIVES WRITTEN APPROVAL FOR
THE PROJECT TO BE ADMINISTERED IN THIS STATE, A PHYSICIAN,
NURSE, OR OTHER PERSON PARTICIPATING IN THE PROJECT IS NOT
LIABLE FOR ANY ADVERSE EFFECT THAT ARISES FROM THE USE OF A
DRUG OR VACCINE IN THE PROJECT.

(C) LIMITATIONS.

THIS SECTION DOES NOT EXEMPT:

(1)  A PERSON FROM LIABILITY FOR GROSS
NEGLIGENCE;

(2)  A DRUG MANUFACTURER FROM THE DUTY TO USE
ORDINARY CARE IN PREPARING AND HANDLING A DRUG OR VACCINE;
OR

(3)  A PERSON FROM LIABILITY THAT ARISES OUT OF
THE IMPROPER OR ILLEGAL ADMINISTRATION OF A DRUG OR VACCINE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 132B(a), (b)(1) and (3), and (c).

In subsection (b) of this section, the former
reference to "direct State action or in
cooperation with an official or voluntary medical
or health agency" is deleted as unnecessary.

In subsection (c)(1) of this section, the term
"negligence" is substituted for the former term
"neglect", to conform to legal terminology.

Former Article 43, § 132B(b)(2), which limited
liability if the individual immunized was
required by law to be immunized, is deleted as
unnecessary in light of subsection (a)(1) of this
section, which applies to immunizations whether
or not the immunization is required by law.

Defined terms: "Person" § 1-101
"Physician" § 1-101 "Secretary" § 1-101

18-402. LIABILITIES AND WARRANTIES FOR BLOOD.

A PERSON WHO OBTAINS, PROCESSES, STORES, DISTRIBUTES,
OR USES WHOLE BLOOD OR ANY SUBSTANCE DERIVED FROM BLOOD FOR
INJECTION OR TRANSFUSION INTO AN INDIVIDUAL FOR ANY PURPOSE
MAY NOT BE HELD LIABLE FOR THE VIRUS OF SEBUM HEPATITIS
UNDER:

(1) STRICT LIABILITY IN TORT;

(2) THE IMPLIED WARRANTY OF MERCHANTABILITY; OR