Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes legal immunity to doctors who prescribe off-label or experimental medications to COVID-19 coronavirus patients.

Highlights:

• Specifies that a health provider is immune from civil liability for any harm resulting from any act or omission in the course of providing health care during a declared major public health emergency if (Sec. 1):

• The health care if provided in good faith to treat a patient for the illness or condition that resulted in the declared major public health emergency; or 

• The act or omission was the direct result of providing health care to a patient for the illness or condition that resulted in the declared major public health emergency; and

• The acts or omissions of the health care provider were not: 

• Grossly negligent; or 

• Intentional or malicious misconduct.

• Specifies that the immunity applies (Sec. 1):

• Even if the health care provider has a duty to respond or an expectation of payment or remuneration; and

• In addition to any immunity protections that may apply under state or federal law.

• Specifies that a health care provider is not subject to civil liability, criminal liability, or sanctions against their license providing a qualified treatment to a patient if (Sec. 1):

• The qualified treatment is within the scope of the health care provider’s license; 

• If written recommendations have been issued by a federal agency regarding the use of the treatment of illness or condition that resulted in the declared major public health emergency, the health care provider provides the qualified treatment in accordance with current recommendations issued by the federal government agency; 

• The health care provider:

• Describes to the patient, the possible positive and negative outcomes the patient could experience if the health care provider treats the patient with the qualified treatment; and

• Documents in the patient’s medical record the information provided to the patient and whether the patient consented to the treatment; and

• The acts or omissions of the health care provider were not grossly negligent or intentional or malicious misconduct.

• Specifies that during a declared major public health emergency, it is not a breach of the applicable standard of care for a health care provider to provide health care that is not within the health care provider’s education, training, or experience, if (Sec. 1):

• The health care is within the applicable scope of practice for the type of license issued to the health care provider; 

• The health care is provided in good faith to treat a patient for the illness or condition that resulted in the declared major public health emergency; or

• There is an urgent shortage of health care providers as a direct result of the declared major public health care emergency; and

• Providing care is not grossly negligent or intentional or malicious misconduct. 

• Authorizes a qualified patient to obtain an investigational drug through an agreement with the investigational drug’s manufacturer and the qualified patient’s physician that provides (Sec. 2):

• for the transfer of the investigational drug from the manufacturer to the physician; and

• That the physician will administer the investigational drug to the qualified patient.

• Defines a “qualified patient” as a patient who has been diagnosed with a condition that has resulted in a declared major public health emergency (Sec. 2).

Full Bill Text