{"":null}
Emergency Law Inventory | Full Law Text

Law Number

42 Pa.C.S.A. 8334

Summary Title

Liability: Mass Immunization Project

Summary

A licensed physician or nurse who, without compensation, admisters drugs or vaccination at a mass immunization project will not be held legally responsible for acting or failin to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Mass immunization projects must be approved by the Department of Health. This section does not give legal protections to drug manufacturers.

Full Title

Civil Immunity in Mass Immunization Projects

Full Text

(a) General rule.--Any physician who does not receive remuneration for his services in a mass immunization project approved in writing by the Department of Health or its designee under the provisions of the act of September 19, 1974 (P.L. 644, No. 210),1 and any registered nurse, or practical nurse licensed to practice in this Commonwealth who shall participate in such project and any State, county or local medical society, medical or health facility, agency or clinic approved by the department shall not be liable, except for gross negligence, to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine in such project by such physician or such nurse. Neither the department nor its designee shall approve any such project unless the department or its designee finds that the project conforms to good medical and public health practice. (b) Exception.--This section shall not exempt any drug manufacturer from any liability for any drug or vaccine used in such project