MS HB1338

Brings forward Section 41-131-1 (the "Right to Try Act") which authorizes licensed physicians to prescribe investigational drugs, biological products, or devices to eligible terminally ill patients who have exhausted approved treatment options.

Defines eligible patients as those with debilitating, terminal, or life-threatening illnesses unresponsive to current approved treatments who have considered all FDA-approved options and clinical trials and received physician recommendation with written informed consent.

Requires written informed consent that includes explanations of approved treatments, potential outcomes (including death), identification of the specific investigational product, cost liability, and hospice care implications; consent must be signed by patient, parent, guardian, or designated advocate and witnessed by physician.

Prohibits state agencies and regulatory boards from revoking or failing to renew physician or pharmacist licenses based solely on recommending investigational drugs under this act and provides civil immunity to manufacturers, dispensers, and healthcare providers from liability except in cases of gross negligence or willful misconduct.

Does not require manufacturers, health insurers, hospitals, governmental agencies, or physicians to participate in providing investigational drugs; takes effect July 1, 2020.