Section 58-85-104 - Standard of care - Medical practitioners not liable - No private right of action(1) It is not a breach of the applicable standard of care for a physician, other licensed health care provider, or hospital to treat an eligible patient with an investigational drug or investigational device under this chapter.(2) A physician, other licensed health care provider, or hospital that treats an eligible patient with an investigational drug or investigational device under this chapter may not, for any harm done to the eligible patient by the investigational drug or device, be subject to: (b) criminal liability; or(c) licensure sanctions under: (i) for a physician: (A) Chapter 67, Utah Medical Practice Act; or(B) Chapter 68, Utah Osteopathic Medical Practice Act;(ii) for the other licensed health care provider, the act governing the other licensed health care provider's license; or(iii) for the hospital, Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.(3) This chapter does not: (a) require a manufacturer of an investigational drug or investigational device to agree to make an investigational drug or investigational device available to an eligible patient or an eligible patient's physician;(b) require a physician to agree to: (i) administer an investigational drug to an eligible patient under this chapter; or(ii) treat an eligible patient with an investigational device under this chapter; or(c) create a private right of action for an eligible patient:(i) against a physician or hospital, for the physician's or hospital's refusal to: (A) administer an investigational drug to an eligible patient under this chapter; or(B) treat an eligible patient with an investigational device under this chapter; or(ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient with an investigational drug or an investigational device under this chapter.Amended by Chapter 329, 2023 General Session ,§ 50, eff. 5/3/2023.Amended by Chapter 1, 2018SP3 General Session ,§ 129, eff. 12/3/2018.Amended by Chapter 333, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 348, 2016 General Session ,§ 46, eff. 5/10/2016.Added by Chapter 110, 2015 General Session ,§ 8, eff. 5/12/2015.