CHAPTER 108

FORMERLY

HOUSE BILL NO. 322

AN ACT TO AMEND CHAPTER 25, TITLE 21 OF THE DELAWARE CODE ESTABLISHING IMMUNITY TO INDIVIDUALS SERVING ON THE BOARD OF PHARMACY, AND COMMITTEES OF PHARMACEUTICAL SOCIETIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 25, Title 24 of the Delaware Code, by adding thereto a new subchapter, which new subchapter shall read as follows:

SUBCHAPTER VII. PHARMACY PEER REVIEW

§ 2591. Immunity of officials reviewing prescription records and Pharmacists' work

The members of the State Board of Pharmacy of Delaware and pharmacists who are members of pharmaceutical society committees whose functions are to review prescription records and pharmacists' work with the view to the validity, quality and appropriateness of service shall severally not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken performed or reached in good faith and without malice by any such member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under the provisions of this Chapter of this Title, or any other provisions of the Delaware law, or duly adopted rules and regulations of the aforementioned committees, good faith being presumed until proven otherwise with malice required to be shown by the complainant.

Approved June 26, 1973.