2005 Regular Session
To: Public Health and Human Services; Judiciary A
By: Representative Guice
AN ACT TO PROVIDE THAT A COMMUNITY PHARMACY, AND THE LICENSED PHARMACISTS AND OTHER VOLUNTEERS WHO WORK IN THE PHARMACY, SHALL BE IMMUNE FROM LIABILITY FOR ANY CIVIL ACTION ARISING OUT OF PROVIDING CHARITABLE OR GRATUITOUS PHARMACEUTICAL PRODUCTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any community pharmacy, including a faith-based community pharmacy, or any licensed pharmacist who voluntarily provides charitable services in a community pharmacy, or any other person who serves as a volunteer in a community pharmacy, shall be immune from liability for any civil action arising out of supplying pharmaceutical products in the course of providing such charitable or gratuitous pharmaceutical products. This section shall not extend immunity to acts of gross negligence or willful or wanton misconduct or to the manufacturer or designer of products provided.
(2) Any community pharmacy seeking immunity under this section shall post a notice, in a conspicuous place adjacent to the area where prescriptions are picked up by consumers, reading substantially as follows: "NOTICE: If you are harmed by medication that you receive here, you do not have the same legal recourse as you have against other pharmacies." Failure to post the notice negates the immunity from liability provided under this section. The notice shall be no less than eleven (11) by fourteen (14) inches in size, and the type used shall be no smaller than thirty-six (36) point and surrounded by a one-inch solid black border.
(3) For purposes of this section, "community pharmacy" means a pharmacy operated solely for charitable purposes, whose only function is to supply gratuitous pharmaceutical products, and which is operated by a nonprofit organization qualified or eligible for qualification as a tax-exempt organization under 26 USCS 501.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.