RÉSUMÉ DIGEST
ACT 355 (HB 232) 2016 Regular Session Stokes
Existing 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 existing law. New law retains existing law.
Existing 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 existing 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.
New law retains existing law and adds thereto provisions stipulating that nothing in existing
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.
Effective August 1, 2016.
(Amends R.S. 40:1169.5)