Louisiana Revised Statutes 40:1169.5 – A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the prov
Terms Used In Louisiana Revised Statutes 40:1169.5
- Eligible patient: means a person to whom all of the following criteria apply:
(a) Has a terminal illness. See Louisiana Revised Statutes 40:1169.3
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the provisions of this Subpart shall be immune from civil liability, including but not limited to any cause of action arising under La. Rev. Stat. 40:1231.1 et seq., for any adverse action, condition, or other outcome resulting from the patient’s use of the investigational drug, biological product, or device.
B. Nothing in this Section 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 drug, biological product, or device.
Acts 2014, No. 346, §1; Redesignated from La. Rev. Stat. 40:1300.425 by HCR 84 of 2015 R.S.; Acts 2016, No. 355, §1.