Right to Try Act
Montana · Health and Safety · §§ 50-12-101 to 50-12-110 · 10 sections
Overview
This act governs patient access to investigational drugs, biological products, and devices, including individualized investigational treatments developed for a single patient. It authorizes eligible patients to obtain and use those treatments and builds a framework around that access — institutional review board involvement, annual reporting and rulemaking, restrictions on the purchase and sale of adult stem cells for certain investigational treatments, and provisions on insurance coverage of clinical trials. The remaining provisions allocate legal exposure: physicians and other health care providers may not be sanctioned for participating, certain conduct by government and state officials is prohibited, manufacturers are shielded from a private right of action, and a patient's heirs are not liable for outstanding debt related to the treatment.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mont. Code Ann. § 50-12-101Short title
- Mont. Code Ann. § 50-12-102Definitions
- Mont. Code Ann. § 50-12-103Availability of experimental treatments
- Mont. Code Ann. § 50-12-104Patient requirements
- Mont. Code Ann. § 50-12-105Informed consent required
- Mont. Code Ann. § 50-12-106Effect on insurance coverage and health care services
- Mont. Code Ann. § 50-12-107Heirs not liable for payments
- Mont. Code Ann. § 50-12-108Disciplinary action prohibited
- Mont. Code Ann. § 50-12-109State action prohibited
- Mont. Code Ann. § 50-12-110Immunity from suit
Enacted in other states
Arkansas, California, Colorado, Georgia, Illinois, Louisiana, Minnesota, Mississippi, North Carolina, Oklahoma, Wyoming
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