Section 144E.1 – Title.

144E.1 Title. This chapter shall be known and may be cited as the “Right to Try Act”. 2017 Acts, ch 130, §1

Section 144E.2 – Definitions.

144E.2 Definitions. As used in this chapter: 1. “Eligible patient” means 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 and rejected or has tried and failed to respond to all other treatment options approved by the United States food […]

Section 144E.3 – Manufacturer rights.

144E.3 Manufacturer rights. 1. 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 chapter. This chapter does not require a manufacturer of an investigational drug, biological product, or device to provide or otherwise make available […]

Section 144E.4 – Treatment coverage.

144E.4 Treatment coverage. 1. This chapter does not expand the coverage required of an insurer under Title XIII, subtitle 1. 2. A health plan, third-party administrator, or governmental agency may 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 […]

Section 144E.5 – Heirs not liable for treatment debts.

144E.5 Heirs not liable for treatment debts. 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, unless otherwise required by law. 2017 Acts, ch 130, §5

Section 144E.6 – Provider recourse.

144E.6 Provider recourse. 1. To the extent consistent with state law, the board of medicine created under chapter 147 shall not revoke, fail to renew, suspend, or take any action against a physician’s license based solely on the physician’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, […]

Section 144E.7 – State interference.

144E.7 State interference. 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 physician is not a violation of this section. 2017 Acts, ch […]

Section 144E.8 – Private cause of action.

144E.8 Private cause of action. 1. This chapter shall 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 […]

Section 144E.9 – Assisting suicide.

144E.9 Assisting suicide. This chapter shall not be construed to allow a patient’s treating physician to assist the patient in committing or attempting to commit suicide as prohibited in section 707A.2. 2017 Acts, ch 130, §9