FORTY-EIGHTH LEGISLATURE

FIRST SESSION, 2007

January 23, 2007

Mr. Speaker:

    Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 46

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 5, between lines 9 and 10, insert the following new subsection:

          "K. In the absence of bad faith, pharmaceutical manufacturers shall be immune from civil or criminal liability for any claim or injury, death or loss to person or property arising from the transfer, donation, dispensing or acceptance of any prescription drug donated to this program pursuant to the provisions of this act, including liability for failure to transfer or communicate product or consumer information regarding the transferred drug, as well as the expiration date of the transferred drug.".

     2. Reletter the succeeding subsections accordingly.,

and thence referred to the HEALTH AND GOVERNMENT AFFAIRS COMMITTEE.                            

                             Respectfully submitted,

Gail Chasey, Chairwoman

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

Date

The roll call vote was 6 For 0 Against

Yes:      6

No:       0

Excused:  Park

Absent:   None

.165723.1

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