Sec. 431.459. LIMITATION ON CIVIL AND CRIMINAL LIABILITY. (a) Charitable drug donors, manufacturers and sellers of donated drugs, charitable medical clinics, physicians, penal institutions, and their employees acting in good faith in providing or administering prescription drugs under the pilot program are not civilly or criminally liable or subject to professional disciplinary action for harm caused by providing or administering drugs donated under this subchapter unless the harm is caused by:
(1) wilful or wanton acts of negligence;
(2) conscious indifference or reckless disregard for the safety of others; or
(3) intentional conduct.
(b) This section does not apply if the harm results from the failure to comply with the requirements of this subchapter.
(c) This section does not apply to a charitable medical clinic that fails to comply with the insurance provisions of Chapter 84, Civil Practice and Remedies Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1191 (S.B. 1243), Sec. 1, eff. September 1, 2015.
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