PRINTER'S NO.  222

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

216

Session of

2009

  

  

INTRODUCED BY GREENLEAF, KITCHEN, WASHINGTON, ERICKSON, EARLL, SMUCKER, RAFFERTY, O'PAKE, CORMAN, STACK, WONDERLING, BOSCOLA AND WAUGH, FEBRUARY 19, 2009

  

  

REFERRED TO JUDICIARY, FEBRUARY 19, 2009  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, in particular rights and

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immunities, providing for certain immunity for hospitals that

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donate medicine, medical supplies and equipment in good faith

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for humanitarian assistance.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 8338.2.  Liability for damages from donated medicine, medical

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supplies and equipment for humanitarian assistance.

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

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liability arising from the nature or condition of medicine,

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medical supplies and equipment which were reasonably believed to

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

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for humanitarian assistance.

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

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

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of a hospital constituting gross negligence, recklessness or

 


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intentional misconduct.

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

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establishing any liability.

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

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

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subsection:

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"Donate."  To give or distribute without requiring anything

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of monetary value from the ultimate recipient.

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

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

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

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Health Care Facilities Act.

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

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