This 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 liability of human gene therapy products for infectious diseases. Under this new section, manufacturers of such products must waive any immunity from lawsuits related to design defects, including protections provided under federal law (42 U.S.C. 300aa-1, et seq.), before their products can be distributed, sold, or administered in Idaho. The bill defines "human gene therapy product" to encompass a range of items, including nucleic acids, genetically modified microorganisms, engineered nucleases, and ex vivo genetically modified human cells.
Additionally, the bill declares an emergency, stating that it will take effect on July 1, 2025. This legislation aims to ensure accountability for manufacturers of human gene therapy products by removing legal protections that could prevent individuals from seeking redress for injuries caused by design defects in these therapies.