Immunity

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  1. (a) Except in the case of gross negligence or willful misconduct, a person or entity that manufacturers, imports, distributes, prescribes, dispenses, administers, or is otherwise involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of, relating to, or resulting from the investigational drug, biological product, or device so long as the person or entity is substantially complying in good faith with this subchapter.

  2. (b) This subchapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device.

  3. (c) This subchapter does not require a hospital licensed under § 20-9-213 to provide any service related to an investigational drug, biological product, or device.


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