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Section 21-2B-01 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Carrier” has the meaning stated in § 15–10A–01(c) of the Insurance Article.     (c)    “Eligible patient” means an individual who:         (1)    Has a terminal illness, attested to by the individual’s treating physician;         (2)    Has considered all other treatment options currently approved by the United States Food and Drug Administration; […]

Section 21-2B-02 – Providing Investigational Drug, Biological Product, or Device

    (a)    A manufacturer of an investigational drug, biological product, or device may:         (1)    Provide the manufacturer’s investigational drug, biological product, or device to an eligible patient without compensation; or         (2)    Subject to subsection (b) of this section, require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or […]

Section 21-2B-03 – Actions Prohibited if Based on Recommendation Regarding Access to or Treatment With an Investigational Drug, Biological Product, or Device

    (a)    A health occupations board may not revoke, fail to renew, suspend, or take any action against a health care provider’s license based solely on the health care provider’s recommendation to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.     (b)    The Department may not take action against a health […]

Section 21-2B-04 – Blocking Access by Official, Employee, or Agent of the State Prohibited

    (a)    An official, employee, or agent of the State may not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device.     (b)    This section does not prohibit a licensed health care provider from providing counsel, advice, or a recommendation that is consistent with medical standards of care.

Section 21-2B-05 – Private Cause of Action Not Created

    This subtitle does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm to the eligible patient resulting from the investigational drug, biological product, […]