Section 39-9401 – SHORT TITLE.

39-9401. SHORT TITLE. This chapter shall be known and may be cited as the "Right to Try Act." History: [(39-9401) 39-9301, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]

Section 39-9402 – LEGISLATIVE INTENT.

39-9402. LEGISLATIVE INTENT. It is the intent of the legislature to provide the opportunity for terminally ill patients to have access to certain investigational treatments without requiring another party, including a physician, manufacturer, insurer or government agency, to offer, provide or pay for such treatments. By enacting this chapter, the legislature intends only to permit […]

Section 39-9403 – DEFINITIONS.

39-9403. DEFINITIONS. As used in this chapter: (1) "Eligible patient" or "patient" means an individual who has a terminal illness and has: (a) Considered all other treatment options currently approved by the United States food and drug administration; (b) Received a recommendation from the patient’s treating physician for an investigational drug, biological product or device […]

Section 39-9404 – INVESTIGATIONAL DRUGS — RIGHT TO TRY AND PROVIDE.

39-9404. INVESTIGATIONAL DRUGS — RIGHT TO TRY AND PROVIDE. (1) An eligible patient may request, and a manufacturer may make available to an eligible patient under the supervision of the patient’s treating physician, the manufacturer’s investigational drug, biological product or device, which drug, product or device shall be clearly labeled as investigational; provided however, that […]

Section 39-9405 – NO COVERAGE OBLIGATION.

39-9405. NO COVERAGE OBLIGATION. (1) This chapter does not expand the coverage required of an insurer under the laws of this state. (2) A health plan, third-party administrator or government 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 […]

Section 39-9406 – HEIRS NOT LIABLE FOR TREATMENT DEBT.

39-9406. HEIRS NOT LIABLE FOR TREATMENT DEBT. If a patient dies while being treated by an investigational drug, biological product or device under the terms of this chapter, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment. History: [(39-9406) 39-9306, added 2016, […]

Section 39-9407 – PROHIBITIONS.

39-9407. PROHIBITIONS. (1) A licensing board or disciplinary body of this state shall not revoke, fail to renew, suspend or take any action against a health care provider’s license based solely on the provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device as allowed under […]

Section 39-9408 – LIMITATIONS.

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 […]

Section 39-9409 – MANDATORY COVERAGE NOT AFFECTED.

39-9409. MANDATORY COVERAGE NOT AFFECTED. This chapter does not affect any mandatory health care coverage for participation in clinical trials provided elsewhere by law. History: [(39-9409) 39-9309, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]