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House adopts narrow immunity and 'right to try' clarification for COVID-19 care
Summary
The House passed SB 3,002 after adopting clarifying amendments: the bill clarifies consent documentation for off-label 'right to try' treatments and creates limited immunity for health-care professionals pressed into COVID-19 service while preserving remedies for gross negligence.
The Utah House approved Senate Bill 3,002 on April 16 after floor amendments narrowed the scope of proposed immunity.
Representative Peterson, the House sponsor, told members the bill clarifies existing rules on off-label use so patients (or their representatives) must give consent that is noted in patient records. "This bill just clarifies that that does exist for off-label use," Peterson said when explaining amendment language clarifying consent requirements.
The bill contains two primary pieces: a 'right to try' clarification allowing certain unapproved or off-label therapies (Peterson cited remdesivir and hydroxychloroquine as examples discussed in committee) and a limited immunity provision intended to protect health-care professionals who are practicing outside their normal scope while responding to the pandemic, except in cases of gross negligence.
During debate, legislators pushed back on broader immunity language. Representative Ward offered amendment #3 to remove a provision that would have provided immunity to private companies that contract with the state for unproven treatments; Ward said removing Section 4 keeps the bill focused on health providers and avoids creating a wide new corporate immunity. Representative Peterson described the amendment as "friendly" and supported its adoption; members also stressed that pharmacists and physicians remain covered under other code provisions.
Representative Brian King opposed broad immunity, urging the House not to "step in with a one-size-fits-all approach" that prevents judges and juries from weighing facts in negligence claims. Peterson and other proponents responded that the bill preserves recourse for gross negligence and is narrowly tailored to pandemic circumstances.
The motion to adopt amendment #3 passed on the floor and the underlying bill passed the House by a recorded tally of 65 yes and 7 no votes. The bill will be returned to the Senate for further consideration or enrollment.
Ending: SB 3,002 passed the House 65–7 after amendments narrowed corporate immunity and clarified patient-consent documentation for off-label 'right to try' treatments.
