Limited Liability

  1. Law
  2. Georgia Code
  3. Health
  4. Care and Protection of Indigent and Elderly Patients
  5. Drug Repository Program
  6. Limited Liability

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When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, criminal or civil liability for injury, death, or loss to person or property, other criminal or civil action, or disciplinary actions by licensing, professional, or regulatory agencies:

  1. A person that donates or gives drugs to an eligible recipient, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility;
  2. An eligible recipient;
  3. A health care professional who prescribes or dispenses a donated drug;
  4. The Department of Public Health and State Board of Pharmacy;
  5. An intermediary that helps administer the program by facilitating the donation or transfer of drugs to eligible recipients;
  6. A manufacturer or repackager of a donated drug; and
  7. Any employee, volunteer, trainee, or other staff of individuals and entities listed in paragraphs (1) through (6) of this Code section.

(Code 1981, §31-8-303, enacted by Ga. L. 2016, p. 524, § 1/HB 897.)


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