The proposed bill amends existing legislation to facilitate access to individualized investigative treatments for patients suffering from life-threatening or severely debilitating diseases. Key definitions are established, including "eligible facility," "eligible patient," "general investigative treatment," and "individualized investigative treatment." The bill outlines the criteria for patients to qualify for these treatments, which include having a recommendation from their treating physician, providing informed consent, and having explored all other FDA-approved treatment options. Additionally, the bill specifies the requirements for informed consent documentation, detailing the patient's understanding of the treatment's potential outcomes and financial implications.
The bill also includes provisions that protect physicians from licensure repercussions for recommending these treatments and ensures that no state official can obstruct a patient's access to them. It clarifies that manufacturers and facilities are not obligated to provide treatments and that they cannot seek reimbursement from a patient's estate if the patient dies while receiving treatment. Furthermore, the bill introduces a new section that absolves governmental agencies and health plans from covering costs associated with individualized investigative treatments. Notably, sections 34-51-2 and 34-51-5 are repealed, streamlining the legislative framework surrounding these treatments.
Statutes affected: Introduced, 01/29/2025: 34-51-1, 34-51-3, 34-51-4, 34-51-6, 34-51-7, 34-51-9, 34-51-10, 34-51-2, 34-51-5
Enrolled, 03/10/2025: 34-51-1, 34-51-3, 34-51-4, 34-51-6, 34-51-7, 34-51-9, 34-51-10, 34-51-2, 34-51-5