Exceptions to Liability

(a)A charitable, religious, or nonprofit organization which in good faith receives pharmaceuticals or health care supplies fit for human consumption or external use, and donates them at no charge to the Medicine Bank, shall not be liable for any civil damages or criminal penalties resulting from the use of the pharmaceuticals or health care supplies distributed or dispensed to eligible persons unless an injury or illness results to those eligible persons as a result of that organization==s gross negligence or wanton acts or omissions. Wanton Acts or omissions are as defined and determined by Guam law or in the absence of such law, Federal law shall apply.

(b)Any pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner that in good faith provides pharmaceuticals and health care supplies to the Medicine Bank without remuneration or expectation of remuneration, shall be exempt from civil liability for injuries and damages resulting from their acts or omissions in providing pharmaceuticals and health care supplies, except for gross negligence, or wanton acts or omissions on the part of the pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner.

(c)Any donated or previously dispensed prescription drug:

(1)Shall be in its dispensed, unopened, tamper-evident single user unit; COL120106 CH. 5 THE MEDICINE B ANK ACT OF 2004

(2)Shall have remained at all times in the control of a person trained and certified by Guam law or Federal law in the storage and administration of drugs in institutional facilities;

(3)Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer; and

(4)Shall be used before the expiration date on the unit.

(d)This Section shall not relieve any organization from any other duty imposed upon it by Guam or Federal law for the inspection of donated pharmaceuticals or health care supplies, or for any provisions regarding the handling of those products, or relieve any health care provider from liability arising out of the prescription of such pharmaceuticals or health care supplies.