HLS 16RS-206 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 232
BY REPRESENTATIVE STOKES
HEALTH/MEDICAL TREATMENT: Adds limitation of liability provisions to the Right
To Try Act
1 AN ACT
2To amend and reenact R.S. 40:1169.5, relative to limitation of liability for parties involved
3 in the care of certain terminally ill patients; to add limitation of liability provisions
4 to the Right To Try Act; to provide for construction of certain provisions of the Right
5 To Try Act relative to causes of action; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:1169.5 is hereby amended and reenacted to read as follows:
8 ยง1169.5. Limitation of liability; no cause of action created
9 A. Notwithstanding any provision of law to the contrary, a physician who
10 prescribes an investigational drug, biological product, or device to an eligible patient
11 pursuant to the provisions of this Subpart shall be immune from civil liability,
12 including but not limited to any cause of action arising under R.S. 40:1231.1 et seq.,
13 for any adverse action, condition, or other outcome resulting from the patient's use
14 of the investigational drug, biological product, or device.
15 B. Nothing in this Section shall be construed as creating a cause of action by
16 or on behalf of any person against a manufacturer of an investigational drug,
17 biological product, or device, or against any person or entity involved in the care of
18 an eligible patient using the investigational drug, biological product, or device, for
19 any harm done to the eligible patient resulting from the investigational drug,
20 biological product, or device.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-206 ORIGINAL
HB NO. 232
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 232 Original 2016 Regular Session Stokes
Abstract: Amends the Right To Try Act to provide a limitation of liability for
manufacturers of investigational drugs, biological products, or devices prescribed to
certain terminally ill patients; and for any person or entity involved in the care of
such patients.
Present law known as the "Right To Try Act" authorizes the prescription of investigational
drugs, biological products, and devices to certain terminally ill patients who have given
informed written consent to investigational treatment and who meet other criteria necessary
to be deemed "eligible patients" pursuant to present law. Proposed law retains present law.
Present law provides that a physician who prescribes an investigational drug, biological
product, or device to an eligible patient shall be immune from civil liability - including but
not limited to causes of action arising under present law relative to medical malpractice - for
any adverse action, condition, or other outcome resulting from the patient's use of the
investigational drug, biological product, or device.
Proposed law retains present law, and adds thereto provisions stipulating that nothing in
present law shall be construed as creating a cause of action by or on behalf of any person
against a manufacturer of an investigational drug, biological product, or device, or against
any 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
investigational treatment.
(Amends 40:1169.5)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.