1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in particular rights and
3immunities, providing for certain immunity for hospitals that
4donate medicine, medical supplies and equipment in good faith
5for humanitarian assistance.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Title 42 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10§ 8338.2.  Liability for damages from donated medicine, medical
11supplies and equipment for humanitarian assistance.

12(a)  General rule.--A hospital is not subject to civil
13liability arising from the nature or condition of medicine,
14medical supplies and equipment which were reasonably believed to
15be in good condition and donated by the hospital in good faith
16for humanitarian assistance.

17(b)  Nonapplicability.--This section does not apply to an
18injury or death to a person that results from an act or omission

1of a hospital constituting gross negligence, recklessness or
2intentional misconduct.

3(c)  Construction.--This section shall not be construed as
4establishing any liability.

5(d)  Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection:

8"Donate."  To give or distribute without requiring anything 
9of monetary value from the ultimate recipient.

10"Hospital."  An entity licensed as a hospital under the act 
11of June 13, 1967 (P.L.31, No.21), known as the Public Welfare 
12Code, or the act of July 19, 1979 (P.L.130, No.48), known as the 
13Health Care Facilities Act.

14Section 2.  This act shall take effect in 60 days.