Revision: Jan. 22, 2019, 9:01 a.m.
SB 184 - AS INTRODUCED
2019 SESSION
19-1045
04/01
SENATE BILL 184
AN ACT relative to limitation of liability for prescribing an approved drug or device.
SPONSORS: Sen. Starr, Dist 1; Sen. Hennessey, Dist 5; Sen. Reagan, Dist 17
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill establishes limited immunity from civil liability for health care professionals who prescribe an approved drug or device to a patient resulting in injury or death.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-1045
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to limitation of liability for prescribing an approved drug or device.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Liability Limited; Health Care Facilities and Personnel. Amend RSA 508:18 by inserting after paragraph I the following new paragraph:
I-a. No licensed physician, certified physician's assistant, advanced practice registered nurse, dentist, or licensed pharmacist shall be liable for injury or death for any act or omission related to an order or prescription for a drug or device approved by the United States Food and Drug Administration given in good faith to a patient, unless the order or prescription was an act of grossly negligence or willful misconduct.
2 Effective Date. This act shall take effect 60 days after its passage.