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S.D. Codified Laws § 34-20H-8

Criminal prosecution--Civil liability--Exemptions--Immunity

Source: SL 2022, ch 137, § 8.

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§ 34-20H-2 to 34-20H-6, inclusive, nor for any failure to transfer or communicate product information.

Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:

(1) Criminal prosecution or civil liability, for:

(a) The death of, or injury to another person who received a donated prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive;

(b) Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6, inclusive; or

(2) Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with §§ 34-20H-2 to 34-20H-6, inclusive.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.