---
title: O.C.G.A. § 31-52-10. Statutory construction; immunity from liability.
collection: code
id: 31-52-10
cite_as: O.C.G.A. § 31-52-10 (2025)
canonical_url: https://georgiacommons.org/code/31-52-10
md_url: https://georgiacommons.org/code/31-52-10.md
text_url: https://georgiacommons.org/code/31-52-10/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=1091
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/31-52.md
previous: https://georgiacommons.org/code/31-52-9.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / TERMINALLY ILL PATIENT’S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES / RIGHT TO TRY
---

# O.C.G.A. § 31-52-10. Statutory construction; immunity from liability.

(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.

## 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.

## 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.’”

## Amendments

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