Official Code of Georgia Annotated

Title 31. HEALTH · Chapter 52. TERMINALLY ILL PATIENT’S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES · Article 1. RIGHT TO TRY

31-52-10. Statutory construction; immunity from liability.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
This article shall not be construed to 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 an investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device if the manufacturer or other person or entity is complying in good faith with the terms of this article and has exercised reasonable care.#
(a.1)
This article shall not be construed to create a private cause of action against a physician who refuses to recommend an investigational drug, biological product, or device for any otherwise eligible patient.#
(b)
Any person or entity providing treatment to an eligible patient using an investigational drug, biological product, or device shall not be liable for injury or death to such eligible patient as a result of the investigational drug, biological product, or device under Code Section 51-1-27 or 51-4-1, et seq., unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section 31-52-5.#
(c)
This article shall not be construed to affect any required health care coverage under Title 33 for patients in clinical trials.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-52-10, enacted by Ga. L. 2016, p. 345, § 1/HB 34; Ga. L. 2025, p. 455, § 3/SB 72, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “article” for “chapter” twice in subsection (a) and in subsections (a.1) and (c).

Editor's notes

Ga. L. 2025, p. 455, § 1/SB 72, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Hope for Georgia Patients Act.’”

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 1091 to 1092; merge action: bound only; file SHA-256 ba5a57f85d04.

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