TITLE 39

HEALTH AND SAFETY

CHAPTER 94

RIGHT TO TRY ACT

39-9408.  limitations. (1) This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against a physician or any other person or entity involved in the care of an eligible patient using an investigational drug, biological product or device for any harm done to the eligible patient resulting from the investigational drug, biological product or device, provided that the manufacturer, physician, or person or entity has exercised reasonable care and complied in good faith with the terms of this chapter.

(2)  This chapter does not create a private cause of action against a treating physician who refuses to recommend an investigational drug, biological product or device to a patient with a terminal illness.

History:

[(39-9408) 39-9308, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]