RCW 69.77.080 — Private right of action—Unprofessional conduct—Immunity from civil or criminal liability.

1. (1) Chapter 212, Laws of 2017 does not create a private right of action.

2. (2) A health care practitioner does not commit unprofessional conduct under RCW 18.130.180 and does not violate the applicable standard of care by:

   1. (a) Obtaining an investigational product pursuant to this chapter;
   2. (b) Refusing to recommend, request, prescribe, or otherwise provide an investigational product pursuant to this chapter;
   3. (c) Administering an investigational product to an eligible patient pursuant to this chapter; or
   4. (d) Treating an eligible patient with an investigational product pursuant to this chapter.

3. (3) The following persons and entities are immune from civil or criminal liability and administrative actions arising out of treatment of an eligible patient with an investigational product, other than acts or omissions constituting gross negligence or willful or wanton misconduct:

   1. (a) A health care practitioner who recommends or requests an investigational product for an eligible patient in compliance with this chapter;
   2. (b) A health care practitioner who refuses to recommend or request an investigational product for a patient seeking access to an investigational product;
   3. (c) A manufacturer that provides an investigational product to a health care practitioner in compliance with this chapter;
   4. (d) A hospital or health care facility where an investigational product is either administered or provided to an eligible patient in compliance with this chapter; and
   5. (e) A hospital or health care facility that does not allow a health care practitioner to provide treatment with an investigational product or enforces a policy it has adopted regarding treating, administering, or providing care with an investigational product.

[ 2017 c 212 s 8.]