Oklahoma § 59-367.6 - Liability of participating organizations and

§ 59-367.6. Liability of participating organizations and

manufacturers – Bad faith or gross negligence.

A. For matters related only to the lawful donation, acceptance,

or dispensing of prescription drugs under the Utilization of Unused

Prescription Medications Act, the following persons and entities, in

compliance with the Utilization of Unused Prescription Medications

Act, in the absence of bad faith or gross negligence, shall not be

subject to criminal or civil liability for injury other than death,

or loss to person or property, or professional disciplinary action:

1. The Board of Pharmacy;

2. The Department of Mental Health and Substance Abuse

Services;

3. Any prescription drug manufacturer, governmental entity,

nursing home, or assisted living center donating prescription drugs

under the Utilization of Unused Prescription Medications Act;

4. Any prescription drug manufacturer or its representative

that directly donates prescription drugs in professional samples to

a charitable clinic or a pharmacy under the Utilization of Unused

Prescription Medications Act;

Oklahoma Statutes - Title 59. Professions and Occupations

5. Any pharmacy, charitable clinic or health care professional

that accepts or dispenses prescription drugs under the Utilization

of Unused Prescription Medications Act; and

6. Any pharmacy, charitable clinic, city-county pharmacy or

other state-contracted pharmacy that employs a health care

professional who accepts or can legally dispense prescription drugs

under the Utilization of Unused Prescription Medications Act and the

Oklahoma Pharmacy Act.

B. For matters related to the donation, acceptance, or

dispensing of a prescription drug manufactured by the prescription

drug manufacturer that is donated by any entity under the

Utilization of Unused Prescription Medications Act, a prescription

drug manufacturer shall not, in the absence of bad faith or gross

negligence, be subject to criminal or civil liability for injury

other than for death, or loss to person or property including, but

not limited to, liability for failure to transfer or communicate

product or consumer information or the expiration date of the

donated prescription drug.

Added by Laws 2004, c. 374, § 6, emerg. eff. June 3, 2004.