Bill Text: IA HF2010 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to experimental treatments for terminally ill persons, and including effective date provisions.(See HF 2203.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-03-02 - Withdrawn. H.J. 489. [HF2010 Detail]
Download: Iowa-2021-HF2010-Introduced.html
House
File
2010
-
Introduced
HOUSE
FILE
2010
BY
HEIN
and
A.
MEYER
A
BILL
FOR
An
Act
relating
to
experimental
treatments
for
terminally
ill
1
persons,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
144E.2,
subsection
1,
paragraphs
a,
c,
1
and
e,
Code
2022,
are
amended
to
read
as
follows:
2
a.
Has
a
terminal
illness,
attested
to
by
the
patient’s
a
3
treating
physician
,
or
is
receiving
mechanical
ventilation
to
4
prolong
life
.
5
c.
Has
received
a
recommendation
from
the
individual’s
a
6
physician
for
an
investigational
drug,
biological
product,
or
7
device.
8
e.
Has
documentation
from
the
individual’s
a
physician
that
9
the
individual
meets
the
requirements
of
this
subsection
.
10
Sec.
2.
Section
144E.2,
subsection
2,
Code
2022,
is
amended
11
to
read
as
follows:
12
2.
“Investigational
drug,
biological
product,
or
device”
13
means
a
any
of
the
following:
14
a.
A
drug,
biological
product,
or
device
that
has
15
successfully
completed
phase
1
of
a
United
States
food
and
drug
16
administration-approved
clinical
trial
but
has
not
yet
been
17
approved
for
general
use
by
the
United
States
food
and
drug
18
administration
and
remains
under
investigation
in
a
United
19
States
food
and
drug
administration-approved
clinical
trial.
20
b.
An
off-label
use
of
a
drug.
21
Sec.
3.
Section
144E.2,
Code
2022,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
2A.
“Off-label
use
of
a
drug”
means
24
the
legal,
prescribed
use
of
a
drug
in
a
manner
different
25
from
that
described
on
the
United
States
food
and
drug
26
administration-approved
drug
label,
including
the
use
of
a
27
drug
for
a
different
disease
or
medical
condition
or
giving
28
a
drug
at
a
different
dose
or
through
a
different
route
of
29
administration
other
than
that
approved
by
the
United
States
30
food
and
drug
administration.
31
Sec.
4.
Section
144E.2,
subsection
4,
unnumbered
paragraph
32
1,
Code
2022,
is
amended
to
read
as
follows:
33
“Written
informed
consent”
means
a
written
document
that
34
is
signed
by
the
patient,
a
parent
of
a
minor
patient,
or
a
35
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legal
guardian
or
other
legal
representative
of
the
patient
and
1
attested
to
by
the
patient’s
a
treating
physician
and
a
witness
2
and
that
includes
all
of
the
following:
3
Sec.
5.
Section
144E.2,
subsection
4,
paragraphs
b
and
d,
4
Code
2022,
are
amended
to
read
as
follows:
5
b.
An
attestation
that
the
patient
concurs
with
the
6
patient’s
a
treating
physician
in
believing
that
all
products
7
and
treatments
approved
by
the
United
States
food
and
drug
8
administration
are
unlikely
to
prolong
the
patient’s
life.
9
d.
A
description
of
the
best
and
worst
potential
outcomes
10
of
using
the
investigational
drug,
biological
product,
or
11
device
and
a
realistic
description
of
the
most
likely
outcome.
12
The
description
shall
include
the
possibility
that
new,
13
unanticipated,
different,
or
worse
symptoms
might
result
14
and
that
death
could
be
hastened
by
use
of
the
proposed
15
investigational
drug,
biological
product,
or
device.
The
16
description
shall
be
based
on
the
a
treating
physician’s
17
knowledge
of
the
proposed
investigational
drug,
biological
18
product,
or
device
in
conjunction
with
an
awareness
of
the
19
patient’s
condition.
20
Sec.
6.
Section
144E.9,
Code
2022,
is
amended
to
read
as
21
follows:
22
144E.9
Assisting
suicide.
23
This
chapter
shall
not
be
construed
to
allow
a
patient’s
24
treating
physician
to
assist
the
a
patient
in
committing
or
25
attempting
to
commit
suicide
as
prohibited
in
section
707A.2
.
26
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
27
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
experimental
treatments
for
terminally
32
ill
persons.
33
The
bill
expands
the
definition
of
“eligible
patient”
to
34
include
a
person
who
is
receiving
mechanical
ventilation
to
35
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prolong
life.
The
bill
also
expands
the
definition
of
an
1
“investigational
drug,
biological
product,
or
device”
to
2
include
the
off-label
use
of
a
drug
as
defined
in
the
bill.
3
The
bill
replaces
the
current
required
involvement
of
the
4
patient’s
physician
or
the
patient’s
treating
physician
to
5
instead
require
involvement
from
a
physician
or
a
treating
6
physician
to
fulfill
certain
duties.
7
The
bill
takes
effect
upon
enactment.
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