THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, ERICKSON, YAW, RAFFERTY, KITCHEN, PIPPY, ALLOWAY, BRUBAKER, WAUGH AND BOSCOLA, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in particular rights and

immunities, providing for certain immunity for hospitals that

donate medicine, medical supplies and equipment in good faith

for humanitarian assistance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8338.2.  Liability for damages from donated medicine, medical

supplies and equipment for humanitarian assistance.

(a)  General rule.--A hospital is not subject to civil

liability arising from the nature or condition of medicine,

medical supplies and equipment which were reasonably believed to

be in good condition and donated by the hospital in good faith

for humanitarian assistance.

(b)  Nonapplicability.--This section does not apply to an

injury or death to a person that results from an act or omission

of a hospital constituting gross negligence, recklessness or

intentional misconduct.

(c)  Construction.--This section shall not be construed as

establishing any liability.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Donate."  To give or distribute without requiring anything

of monetary value from the ultimate recipient.

"Hospital."  An entity licensed as a hospital under the act

of June 13, 1967 (P.L.31, No.21), known as the Public Welfare

Code, or the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act.

Section 2.  This act shall take effect in 60 days.