The bill amends the Code of West Virginia by repealing section 16-51-2 and modifying section 16-51-3, which pertains to the Right-to-Try Act. The definition of an "eligible patient" is updated to include individuals with a "life-threatening or severely debilitating illness," as opposed to just a "terminal illness," and requires attestation from a treating physician. Additionally, the criteria for eligible patients have been revised, including the removal of the requirement to have been unable to participate in a clinical trial within a certain distance from their home. The bill also clarifies that investigational drugs, biological products, or devices can include those tailored to an individual patient's genetic profile.

Furthermore, the bill introduces a more comprehensive definition of "life-threatening or severely debilitating illness" based on federal regulations, while also detailing the requirements for written, informed consent. This consent must include information about currently approved treatments, the specific investigational treatment being sought, potential outcomes, and the implications for insurance and hospice care. The changes aim to broaden access to investigational treatments for patients facing serious health challenges while ensuring they are fully informed of the risks and responsibilities involved.

Statutes affected:
Introduced Version: 16-51A-1, 16-51A-2, 16-51A-3, 16-51A-4, 16-51A-5, 16-51A-6, 16-51A-7, 16-51A-8
Committee Substitute: 16-51-1
Committee Substitute for the Committee Substitute: 16-51-3, 16-51-2
Engrossed Committee Substitute for the Committee Substitute: 16-51-3, 16-51-2