Section 22-5D-1 – Short Title.

Section 22-5D-1 Short title. This chapter shall be known and may be cited as the Gabe Griffin Right to Try Act. (Act 2015-320, §1.)

Section 22-5D-10 – Private Cause of Action Not Created Under Chapter.

Section 22-5D-10 Private cause of action not created under chapter. This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any licensed health care provider, other person, or entity involved in the care of an eligible patient using the investigational drug, biological […]

Section 22-5D-2 – Definitions.

Section 22-5D-2 Definitions. As used in this act, the following words have the following meanings: (1) ELIGIBLE PATIENT. An individual who meets all of the following conditions: a. Has a terminal illness, attested to by the patient’s treating physician. b. Has considered all other treatment options currently approved by the U. S. Food and Drug […]

Section 22-5D-3 – Availability to Eligible Patient of Investigational Drug, Biological Product, or Device.

Section 22-5D-3 Availability to eligible patient of investigational drug, biological product, or device. (a) The 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 chapter. This chapter does not require that a manufacturer make available an […]

Section 22-5D-4 – Coverage and Costs.

Section 22-5D-4 Coverage and costs. (a) This chapter does not expand the coverage required of an insurer. (b) A health plan, third party administrator, or governmental agency 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 […]

Section 22-5D-5 – Liability of Heirs.

Section 22-5D-5 Liability of heirs. 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. (Act 2015-320, §5.)

Section 22-5D-6 – Effect on License or Certification.

Section 22-5D-6 Effect on license or certification. A licensing board or disciplinary subcommittee shall not issue a letter of concern or similar form of reprimand, nor revoke, fail to renew, suspend, or take any action against a health care provider’s license issued under Title 34, based solely on the health care provider’s recommendations to an […]

Section 22-5D-7 – Relation to Other Laws and Professional Obligations.

Section 22-5D-7 Relation to other laws and professional obligations. (a) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540 et seq., […]

Section 22-5D-8 – Additional Coverage Not Required Under Medicaid.

Section 22-5D-8 Additional coverage not required under Medicaid. This chapter does not require the Alabama Medicaid Program to provide additional coverage for an investigational drug, biological product, or device. (Act 2015-320, §8.)

Section 22-5D-9 – Blocking Access Prohibited; Counseling, etc., Permitted.

Section 22-5D-9 Blocking access prohibited; counseling, etc., permitted. 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. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a […]