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OK HB1074
Bill
Status
4/21/2015
Primary Sponsor
Richard Morrissette
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AI Summary
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Creates the "Right to Try Act" allowing terminally ill patients who have exhausted FDA-approved treatments and cannot access clinical trials to use investigational drugs, biological products, or devices that have completed phase one testing.
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Defines "eligible patient" as someone with a terminal illness (attested by treating physician) who has considered all approved treatments, been unable to participate in a clinical trial within 100 miles or within one week of application, received physician recommendation, and provided written informed consent.
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Permits manufacturers to provide investigational drugs to eligible patients with or without compensation; health insurance carriers may provide coverage but are not required to do so, and may deny coverage for up to 6 months after use ends (excluding preexisting conditions and previously commenced benefits).
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Prohibits licensing boards from revoking, suspending, or taking action against health care providers' licenses for recommending investigational treatments consistent with medical standards, and prohibits state officials from blocking eligible patients' access to such treatments.
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Provides manufacturers and other entities immunity from private lawsuits for harm resulting from investigational drugs if complying in good faith with the Act, unless there was failure to exercise reasonable care; effective November 1, 2015.
Legislative Description
Public health and safety; creating the Right to Try Act; effective date.
Health Care
Last Action
Approved by Governor 04/21/2015
4/21/2015