HB 43 Summary

• Allows physicians to prescribe, dispense, or administer investigational drugs, biological products, or devices to terminally ill patients without facing disciplinary action by the medical board if the patient meets specified conditions.

• Requires patients to have a terminal illness, be ineligible for current clinical trials, have considered all FDA-approved treatment options, and provide written informed consent before receiving investigational treatment.

• Defines "investigational drug, biological product, or device" as drugs or devices that have completed Phase 1 clinical trials and remain in Phase 2, Phase 3, or the new drug application process, but have not received FDA approval for general use.

• Provides legal immunity from liability for physicians, medical team members, manufacturers, importers, and distributors who prescribe or provide investigational treatments in good faith with reasonable care and proper informed consent procedures.

• Prohibits the state health department from requiring licensed healthcare facilities to increase services solely to accommodate physicians' practice of prescribing investigational drugs to terminally ill patients.