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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, KITCHEN, WASHINGTON, ERICKSON, EARLL, SMUCKER, RAFFERTY, O'PAKE, CORMAN, STACK, WONDERLING, BOSCOLA AND WAUGH, FEBRUARY 19, 2009 |
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| REFERRED TO JUDICIARY, FEBRUARY 19, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in particular rights and |
3 | immunities, providing for certain immunity for hospitals that |
4 | donate medicine, medical supplies and equipment in good faith |
5 | for humanitarian assistance. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 42 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section to read: |
10 | § 8338.2. Liability for damages from donated medicine, medical |
11 | supplies and equipment for humanitarian assistance. |
12 | (a) General rule.--A hospital is not subject to civil |
13 | liability arising from the nature or condition of medicine, |
14 | medical supplies and equipment which were reasonably believed to |
15 | be in good condition and donated by the hospital in good faith |
16 | for humanitarian assistance. |
17 | (b) Nonapplicability.--This section does not apply to an |
18 | injury or death to a person that results from an act or omission |
19 | of a hospital constituting gross negligence, recklessness or |
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1 | intentional misconduct. |
2 | (c) Construction.--This section shall not be construed as |
3 | establishing any liability. |
4 | (d) Definitions.--As used in this section, the following |
5 | words and phrases shall have the meanings given to them in this |
6 | subsection: |
7 | "Donate." To give or distribute without requiring anything |
8 | of monetary value from the ultimate recipient. |
9 | "Hospital." An entity licensed as a hospital under the act |
10 | of June 13, 1967 (P.L.31, No.21), known as the Public Welfare |
11 | Code, or the act of July 19, 1979 (P.L.130, No.48), known as the |
12 | Health Care Facilities Act. |
13 | Section 2. This act shall take effect in 60 days. |
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