PRINTER'S NO. 1114
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
849
Session of
2017
INTRODUCED BY GREENLEAF, MARTIN, WARD, RAFFERTY, BOSCOLA, YAW,
BROWNE AND RESCHENTHALER, AUGUST 29, 2017
REFERRED TO JUDICIARY, AUGUST 29, 2017
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:
ยง 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
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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 Human Services
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.
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