Texas Occupations Code
§ 562.1086 — LIMITATION ON LIABILITY
OC § 562.1086Title 3. HEALTH PROFESSIONS · Part J. PHARMACY AND PHARMACISTS · Ch. 562. PRACTICE BY LICENSE HOLDER · Art. C. PRACTICE BY PHARMACY
Statute text
View on source(a)A pharmacy that returns unused drugs and a manufacturer that accepts the unused drugs under Section 562.1085 and the employees of the pharmacy or manufacturer are not liable for harm caused by the accepting, dispensing, or administering of drugs returned in strict compliance with Section 562.1085 unless the harm is caused by:
(1)wilful or wanton acts of negligence;
(2)conscious indifference or reckless disregard for the safety of others; or
(3)intentional conduct.
(b)This section does not limit, or in any way affect or diminish, the liability of a drug seller or manufacturer under Chapter 82, Civil Practice and Remedies Code.
(c)This section does not apply if harm results from the failure to fully and completely comply with the requirements of Section 562.1085.
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Legislative history
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.126, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 321, Sec. 1, eff. June 18, 2003.