§ 63-6-301. Short Title
This part shall be known and may be cited as the “Phil Timp-Amanda Wilcox Right to Try Act.”
§ 63-6-302. Part Definitions
As used in this part, unless the context otherwise requires: “Advanced illness” means a progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federal drug administration approved and available treatments, and that, without life-sustaining procedures, will […]
§ 63-6-303. Manufacturer Permitted to Provide Investigational Drug, Biological Product, or Device to Eligible Patient — Conditions
A manufacturer of an investigational drug, biological product, or device may make available, and an eligible patient may request, the manufacturer’s investigational drug, biological product, or device under this part; provided, that this part does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. A manufacturer […]
§ 63-6-304. Payment of Costs — Provision of Items or Services Without Approval Not Required
This part does not expand the coverage required of an insurer under title 56, chapter 7. A health plan, third-party administrator, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational […]
§ 63-6-305. Patient’s Heirs Not Liable for Outstanding Debt
If a patient dies while being treated by an investigational drug, biological product, or device, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
§ 63-6-306. Action Against Healthcare Provider’s License or Medicare Certification Prohibited
A licensing board or disciplinary subcommittee shall not revoke, fail to renew, suspend, or take any action against a healthcare provider’s license issued under this title, based solely on the healthcare provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. An entity responsible for medicare […]
§ 63-6-307. Official, Employee, or Agent of State Prohibited From Blocking Eligible Patient’s Access
An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device. The rendering of counseling, advice, or a recommendation consistent with medical standards of care from a licensed healthcare provider is not a violation of this section.
§ 63-6-308. No Private Cause of Action for Harm Done to Eligible Patient Resulting From Investigational Drug, Biological Product, or Device — Part Does Not Affect Requirements Under § 56-7-2365
This part does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the […]
§ 63-6-309. Reporting of Adverse Events
If a patient suffers an adverse event associated with the use of an investigational drug, biological product, or device, the patient’s physician shall report the adverse event to the manufacturer of the investigational drug, biological product, or device