NRS453B.130. Limitation on civil and criminal liability; limitation on disciplinary action by professional licensing board; waiver of liability. [Effective October 1, 2014.]


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  •       1.  A person who exercises reasonable care in the donation of an HIV/AIDS drug in accordance with the provisions of this chapter and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation of the HIV/AIDS drug.

          2.  A pharmacy, medical facility, health clinic or provider of health care which participates in the Program and which exercises reasonable care in the acceptance, distribution or dispensation of an HIV/AIDS drug is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the acceptance, distribution or dispensation of the HIV/AIDS drug.

          3.  A manufacturer of an HIV/AIDS drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the HIV/AIDS drug pursuant to this chapter and the regulations adopted pursuant thereto.

          4.  An HIV/AIDS drug may not be dispensed pursuant to the Program unless the person to whom the drug is dispensed has signed a waiver of liability for any action described in this section performed by any person, pharmacy, medical facility, health clinic, provider of health care or manufacturer of the HIV/AIDS drug.

      (Added to NRS by 2013, 2259, effective October 1, 2014)