This bill aims to establish regulatory oversight for medical, pharmaceutical, biological, or technological liability shield products in West Virginia by adding a new article to the state code. It includes definitions for key terms such as "liability shield product," "placebo-controlled study," and various safety outcome metrics. Manufacturers of these products are required to conduct placebo-controlled studies before marketing and to continuously track and publish data on adverse outcomes for at least five years. The Department of Health will monitor these products, issue alerts about any adverse consequences, and establish a public policy for data monitoring by January 1, 2026.

Additionally, the bill grants individuals the right to refuse liability shield products without coercion and allows for legal actions to be brought by both the Attorney General and individuals who suffer injuries due to violations of the new regulations. The Attorney General can seek injunctive relief and impose civil penalties for non-compliance, while individuals can pursue compensatory damages and attorney fees. Manufacturers must submit documentation confirming compliance with the placebo-controlled study requirements by specified deadlines, ensuring accountability and transparency in the use of these products.

Statutes affected:
Introduced Version: 55-7L-1, 55-7L-2, 55-7L-3, 55-7L-4, 55-7L-5, 55-7L-6, 55-7L-7, 55-7L-8, 55-7L-9