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ROBERT L. EHRLICH, JR., Governor Ch. 310
(4) A PHARMACY, HOSPITAL, OR NONPROFIT CLINIC THAT ACCEPTS
DONATED DRUGS SHALL;
(I) COMPLY WITH ALL APPLICABLE FEDERAL LAWS AND LAWS OF
THIS STATE PERTAINING TO STORAGE AND DISTRIBUTION OF DANGEROUS DRUGS;
AND
(II) INSPECT ALL DRUGS BEFORE DISPENSING TO DETERMINE
THAT THE DRUGS ARE NOT ADULTERATED.
(5) THE PHARMACY, HOSPITAL, OR NONPROFIT CLINIC MAY CHARGE
INDIVIDUALS RECEIVING DONATED DRUGS A HANDLING FEE ESTABLISHED IN
ACCORDANCE WITH REQUIREMENTS ESTABLISHED BY MEDBANK OF MARYLAND,
INC.
(6) DRUGS DONATED TO THE PROGRAM MAY NOT BE RESOLD.
(F) (1) THIS SUBSECTION APPLIES TO:
(I) MEDBANK OF MARYLAND, INC.;
(II) THE STATE BOARD OF PHARMACY;
(III) THE SECRETARY OF HEALTH AND MENTAL HYGIENE;
(IV) ANY PERSON THAT DONATES DRUGS TO THE PROGRAM; AND
(V) ANY PHARMACY, HOSPITAL, NONPROFIT CLINIC, OR HEALTH
CARE PRACTITIONER THAT ACCEPTS OR DISPENSES DRUGS UNDER THE PROGRAM.
(2) FOR MATTERS RELATED TO DONATING, ACCEPTING, OR DISPENSING
DRUGS UNDER THE PROGRAM, A PERSON DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION THAT ACTS IN GOOD FAITH MAY NOT BE SUBJECT TO:
(I) CRIMINAL PROSECUTION;
(II) LIABILITY IN TORT OR OTHER CIVIL ACTION FOR INJURY,
DEATH, OR LOSS TO PERSON OR PROPERTY; OR
(III) DISCIPLINARY ACTION BY A PROFESSIONAL LICENSING BOARD.
(3) A DRUG MANUFACTURER ACTING IN GOOD FAITH MAY NOT BE
SUBJECT TO CRIMINAL PROSECUTION OR LIABILITY IN TORT OR OTHER CIVIL
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY FOR MATTERS
RELATED TO THE DONATION, ACCEPTANCE, OR DISPENSING OF A DRUG
MANUFACTURED BY THE DRUG MANUFACTURER THAT IS DONATED BY ANY PERSON
UNDER THE PROGRAM, INCLUDING LIABILITY FOR FAILURE TO TRANSFER OR
COMMUNICATE PRODUCT OR CONSUMER INFORMATION OR THE EXPIRATION DATE
OF THE DONATED DRUG.
(G) (1) ON OR BEFORE OCTOBER 1, 2006, AND IN CONSULTATION WITH THE
STATE BOARD OF PHARMACY AND THE SECRETARY, MEDBANK OF MARYLAND, INC.
SHALL ESTABLISH REQUIREMENTS FOR THE PROGRAM.
- 1575 -
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