Section 39-9508 – RIGHT OF INTERVENTION.
39-9508. RIGHT OF INTERVENTION. The legislature, by concurrent resolution, may appoint one (1) or more of its members who sponsored or co-sponsored this chapter in his or her official capacity, or other member or members if the original sponsors and co-sponsors are no longer serving, to intervene as a matter of right in any case […]
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 39-9509 – SEVERABILITY.
39-9509. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [39-9509, added 2018, […]
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 39-9601 – LEGISLATIVE FINDINGS.
39-9601. LEGISLATIVE FINDINGS. [EFFECTIVE UNTIL JULY 1, 2023] The legislature of the state of Idaho finds that: (1) According to the world health organization, maternal mortality rates worldwide dropped 44% between 1990 and 2015, but increased in the United States; (2) The institute for health metrics and evaluation at the university of Washington found the […]
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 39-9602 – DEFINITIONS.
39-9602. DEFINITIONS. [EFFECTIVE UNTIL JULY 1, 2023] As used in this chapter: (1) "Committee" means the maternal mortality review committee established by section 39-9603, Idaho Code. (2) "Department" means the state department of health and welfare. (3) "Maternal death" means the death of a woman from any cause during pregnancy or within one (1) year […]
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 […]