Bill Text: TX HB661 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to access to certain investigational drugs, biological products, and devices that are in clinical trials by patients with severe chronic diseases.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [HB661 Detail]
Download: Texas-2017-HB661-Engrossed.html
85R21273 KKR-F | ||
By: Parker, Guerra, Price, Fallon, Guillen, | H.B. No. 661 | |
et al. |
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relating to access to certain investigational drugs, biological | ||
products, and devices that are in clinical trials by patients with | ||
severe chronic diseases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) This Act shall be known as the "Medical | ||
Freedom Act." | ||
(b) The legislature finds that: | ||
(1) the Right To Try Act, as added by Chapter 502 (H.B. | ||
21), Acts of the 84th Legislature, Regular Session, 2015, has had | ||
tremendous success in saving the lives of many patients with a | ||
terminal illness; | ||
(2) the process for approving the use of | ||
investigational drugs, biological products, and devices by | ||
patients without a terminal illness who need access to the drugs, | ||
products, or devices continues to take many years in the United | ||
States; | ||
(3) patients who are battling a severe chronic disease | ||
that is debilitating or causes severe pain do not have the luxury of | ||
waiting until an investigational drug, biological product, or | ||
device receives final approval from the United States Food and Drug | ||
Administration; | ||
(4) the standards of the United States Food and Drug | ||
Administration for the use of investigational drugs, biological | ||
products, and devices may deny the benefits of potentially | ||
life-altering treatment to patients with a severe chronic disease; | ||
(5) patients with a severe chronic disease have a | ||
fundamental right to attempt to pursue the preservation of their | ||
state of life by accessing available investigational drugs, | ||
biological products, and devices; | ||
(6) the use of available investigational drugs, | ||
biological products, and devices is a decision that should be made | ||
by a patient with a severe chronic disease in consultation with the | ||
patient's physician and is not a decision to be made by the | ||
government; and | ||
(7) the decision to use an investigational drug, | ||
biological product, or device should be made with full awareness of | ||
the potential risks, benefits, and consequences to a patient with a | ||
severe chronic disease and the patient's family. | ||
(c) It is the intent of the legislature to allow patients | ||
with a severe chronic disease to use potentially life-altering | ||
investigational drugs, biological products, and devices. | ||
SECTION 2. Subtitle C, Title 6, Health and Safety Code, is | ||
amended by adding Chapter 490 to read as follows: | ||
CHAPTER 490. ACCESS TO INVESTIGATIONAL TREATMENTS FOR PATIENTS | ||
WITH SEVERE CHRONIC DISEASES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 490.001. DEFINITIONS. In this chapter: | ||
(1) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(2) "Investigational drug, biological product, or | ||
device" means a drug, biological product, or device that has | ||
successfully completed phase one of a clinical trial but has not yet | ||
been approved for general use by the United States Food and Drug | ||
Administration or its international equivalent and remains under | ||
investigation in the clinical trial. | ||
(3) "Severe chronic disease" means a condition, | ||
injury, or illness that: | ||
(A) lasts for at least one year; | ||
(B) requires ongoing medical attention; and | ||
(C) entails significant functional impairment or | ||
severe pain that limits a person's activities of daily life. | ||
Sec. 490.002. DESIGNATION OF SEVERE CHRONIC DISEASES. The | ||
executive commissioner by rule shall designate the medical | ||
conditions that are considered severe chronic diseases under this | ||
chapter. | ||
SUBCHAPTER B. ACCESS TO INVESTIGATIONAL DRUGS, BIOLOGICAL | ||
PRODUCTS, AND DEVICES FOR PATIENTS WITH SEVERE CHRONIC DISEASES | ||
Sec. 490.051. PATIENT ELIGIBILITY. A patient is eligible | ||
to access and use an investigational drug, biological product, or | ||
device under this chapter if: | ||
(1) the patient has a severe chronic disease | ||
designated by the executive commissioner under Section 490.002 and | ||
attested to by the patient's treating physician; | ||
(2) the use of the investigational drug, biological | ||
product, or device is consistent with this chapter and rules | ||
adopted under this chapter; and | ||
(3) the patient's physician: | ||
(A) in consultation with the patient, has | ||
considered all other treatment options currently approved by the | ||
United States Food and Drug Administration and determined that | ||
those treatment options are unavailable or unlikely to provide | ||
relief for the significant impairment or severe pain associated | ||
with the patient's severe chronic disease; and | ||
(B) has recommended or prescribed in writing that | ||
the patient use a specific class of investigational drug, | ||
biological product, or device. | ||
Sec. 490.052. INFORMED CONSENT. (a) Before receiving an | ||
investigational drug, biological product, or device, an eligible | ||
patient must sign a written informed consent. If the patient is a | ||
minor or lacks the mental capacity to provide informed consent, a | ||
parent, guardian, or conservator may provide informed consent on | ||
the patient's behalf. | ||
(b) The executive commissioner by rule may adopt a form for | ||
the informed consent required under this section. | ||
Sec. 490.053. NO CAUSE OF ACTION CREATED. This chapter does | ||
not create a private or state cause of action against a manufacturer | ||
of an investigational drug, biological product, or device or | ||
against any other person or entity involved in the care of an | ||
eligible patient using the investigational drug, biological | ||
product, or device for any harm done to the eligible patient | ||
resulting from the investigational drug, biological product, or | ||
device. | ||
Sec. 490.054. STATE MAY NOT INTERFERE WITH ACCESS TO | ||
INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE. An official, | ||
employee, or agent of this state may not block or attempt to block | ||
an eligible patient's access to an investigational drug, biological | ||
product, or device under this chapter. | ||
SUBCHAPTER C. HEALTH INSURANCE | ||
Sec. 490.101. EFFECT ON HEALTH CARE COVERAGE FOR CLINICAL | ||
TRIAL ENROLLEES. This chapter does not affect the coverage of | ||
enrollees in clinical trials under Chapter 1379, Insurance Code. | ||
SUBCHAPTER D. PHYSICIANS | ||
Sec. 490.151. ACTION AGAINST PHYSICIAN'S LICENSE | ||
PROHIBITED. Notwithstanding any other law, the Texas Medical Board | ||
may not revoke, fail to renew, suspend, or take any action against | ||
a physician's license under Subchapter B, Chapter 164, Occupations | ||
Code, based solely on the physician's recommendations to an | ||
eligible patient regarding access to or treatment with an | ||
investigational drug, biological product, or device, provided that | ||
the recommendations made to the patient meet the medical standard | ||
of care. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission by rule shall designate the medical conditions | ||
that are severe chronic diseases as required by Section 490.002, | ||
Health and Safety Code, as added by this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |