The bill amends Chapter 48, Title 39 of the Idaho Code by adding a new section, 39-4806, which establishes specific provisions regarding the distribution and waiver of immunity for certain human gene therapy products related to infectious diseases. Under this new section, manufacturers of human gene therapy products must waive any immunity from lawsuits for injuries resulting from design defects in their products, including immunity granted under federal law (42 U.S.C. 300aa-1, et seq.). This waiver is a prerequisite for the distribution, sale, or administration of these products within the state.
Additionally, the bill defines "human gene therapy product" to encompass a range of items that affect human genetic material, including nucleic acids, genetically modified microorganisms, engineered nucleases for genome editing, and ex vivo genetically modified human cells. The bill declares an emergency, making it effective on July 1, 2025.