Utah § 58-85-103 - Right to request investigational drug or device.

Full text of Utah Utah Code § 58-85-103 — Right to request investigational drug or device., with citation guidance and answers to common questions.

§ 58-85-103. Right to request investigational drug or device.

Effective 5/12/2015
58-85-103. Right to request investigational drug or device.

(1)

An eligible patient may obtain an investigational drug through an agreement with the investigational drug's manufacturer and the eligible patient's physician that provides:

(a)	for the transfer of the investigational drug from the manufacturer to the physician; and

(b)	that the physician will administer the investigational drug to the patient.

(2)

An eligible patient may obtain an investigational device through an agreement with the investigational device's manufacturer and the eligible patient's physician that provides:

(a)	for the transfer of the investigational device from the manufacturer to the physician; and

(b)	that the physician will use the investigational device to treat the patient.

(3)

An agreement described in Subsection (1) or (2), between an eligible patient, a physician, and a manufacturer, shall include an informed consent document that, based on the physician's knowledge of the relevant investigational drug or investigational device:

(a)

describes the possible positive and negative outcomes the eligible patient could experience if the physician treats the eligible patient with the investigational drug or investigational device, including that the investigational drug or investigational device could increase the possibility of death;

(b)	states that an insurer is not required to cover the cost of providing the investigational drug or investigational device to the patient;

(c)	states that, subject to Section 58-85-105, an insurer may deny coverage for the eligible patient; and

(d)	states that the patient may be liable for all expenses caused by the physician treating the patient with the investigational drug or investigational device, unless the agreement provides otherwise.

(4)	A physician or an eligible patient shall notify the eligible patient's insurer of the day on which the physician treated an eligible patient with an investigational drug or investigational device, and the investigational drug or device used, under an agreement described in Subsection (1) or (2).

Enacted by Chapter 110, 2015 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 58-85-103

What does Utah Code § 58-85-103 cover?

Section 58-85-103 ("Right to request investigational drug or device.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 58-85-103?

A common citation format is "Utah Code § 58-85-103" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 58-85-103 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 58-85-103 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.