(1) As used in this section, the term 'health care professional' means any of the following: (a) Physicians and osteopaths licensed under Section 73-25-1 et seq.;(b) Podiatrists licensed under Section 73-27-1 et seq.;(c) Dentists and dental hygienists licensed under Section 73-9-1 et seq.;(d) Optometrists licensed under Section 73-19-1 et seq.;(e) Pharmacists licensed under Section 73-21-71 et seq.;(f) Registered nurses and licensed practical nurses licensed under Section 73-15-1 et seq.; and(g) Physician assistants licensed under Section 73-26-1 et seq.(2) The State Board of Pharmacy; the State Department of Health; the Division of Medicaid; any person, including a drug manufacturer, or health care facility or government entity that donates drugs to the repository program; any pharmacy, hospital, nonprofit clinic or health care professional that accepts or dispenses drugs under the program; and any pharmacy, hospital, or nonprofit clinic that employs a health care professional who accepts or dispenses drugs under the program, shall not be subject to any of the following for matters related to donating, accepting, or dispensing drugs under the program: criminal prosecution; who accepts or dispenses drugs under the program, shall not be subject to any of the following for matters related to donating, accepting, or dispensing drugs under the program: criminal prosecution; liability in tort or other civil action or professional disciplinary action. A drug manufacturer shall not be subject to criminal prosecution or liability in tort or other civil action for matters related to the donation, acceptance, or dispensing of a drug manufactured by the drug manufacturer that is donated by any person, health care facility or government entity under the program, including, but not limited to, liability for failure to transfer or communicate product or consumer information, or for improper storage or for the expiration date of the donated drug. Laws, 2003, ch. 543, § 12, eff. 4/21/2003.
Mississippi Legal Code