§ 25-45-101. Short Title
This article shall be known and may be cited as the “Right to Try Act”. Source: L. 2014: Entire article added, (HB 14-1281), ch. 220, p. 823, § 1, effective May 17.
§ 25-45-102. Legislative Declaration
The general assembly finds and declares that: The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the process often takes many years; Patients who have a terminal illness do not have the luxury […]
§ 25-45-103. Definitions
As used in this article, unless the context otherwise requires: “Eligible patient” means a person who has: A terminal illness, attested to by the patient’s treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Been unable to participate in a clinical trial for the terminal illness within […]
§ 25-45-104. Drug Manufacturers – Availability of Investigational Drugs, Biological Products, or Devices – Costs – Insurance Coverage
A manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. A manufacturer may: Provide an investigational […]
§ 25-45-105. Action Against Health-Care Provider’s License or Medicare Certification Prohibited
Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend, or take any action against a health-care provider’s license issued pursuant to title 12, C.R.S., based solely on the health-care provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device, as long […]
§ 25-45-106. Access to Investigational Drugs, Biological Products, and Devices
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 violation of this section. Source: L. 2014: Entire article […]
§ 25-45-107. No Cause of Action Created
This article 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 […]
§ 25-45-108. Effect on Health-Care Coverage
Nothing in this section affects the mandatory health-care coverage for participation in clinical trials pursuant to section 10-16-106 (20), C.R.S. Source: L. 2014: Entire article added, (HB 14-1281), ch. 220, p. 827, 1, effective May 17.