O.C.G.A.

O.C.G.A. § 31-52-10 (2019)

Statutory construction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) This chapter 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 chapter and has exercised reasonable care. (a.1) This chapter 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 chapter 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.

CHAPTER 53 OFFICE OF HEALTH STRATEGY AND COORDINATION Sec.

Article 1 General Provisions Sec.

Legislative findings. Definitions. Establishment of Office of Health Strategy and Coordination; powers and duties. Appointment of director; qualifications; authority; additional personnel. Advisory committees; membership; function.

Effective date. - This chapter became effective July 1, 2019.

Annotations

Editor’s notes. - Ga. L. 2019, p. 148, § 2-1/HB 186, not codified by the General

Compiling of reports; public dissemination of data.

Article 2 Georgia Data Access Forum