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Key Votes

HB 45 - Authorizes Terminally Ill Patients to Use Experimental Treatments - Key Vote

Pennsylvania Key Votes

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Authorizes Terminally Ill Patients to Use Experimental Treatments

Signed by Governor Tom Wolf
Legislation - Concurrence Vote Passed (House) (-) -

Title: Authorizes Terminally Ill Patients to Use Experimental Treatments

Legislation - Bill Passed With Amendment (Senate) (49-0) - (Key vote)

Title: Authorizes Terminally Ill Patients to Use Experimental Treatments

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that authorizes the use of investigational drugs, biological products and medical devices by eligible patients.

Highlights:

 

  • Authorizes drug manufacturers to provide an investigational drug, biological product, or medical device to an eligible patient either free of charge or in exchange for payment (Sec. 4).

  • Defines “eligible patient” as an individual who has met all of the following requirements (Sec. 3):

    • Has a terminal illness attested to by their physician;

    • Has been unable to participate in a clinical trial within 100 miles of their residence;

    • Has received a recommendation from their physician for an investigational drug, biological product, or medical device;

    • Has carefully considered all FDA approved treatment options;

    • Has given written, informed consent for use of the investigational drug, biological product, or medical device;

    • Has documentation from their physician that they meet the above requirements; and

    • Is not being treated as an inpatient in any hospital.

  • Defines “terminal illness” as a disease or condition that will soon result in death without life-sustaining procedures (Sec. 3).

  • Defines “investigational drug, biological product, or medical device” as a product that has successfully complete phase one of a clinical trial but has not been approved for general use by the FDA (Sec. 3).

  • Defines “written, informed consent” as a document signed by the patient and attested to by a physician and a witness that contains information including, but not limited to, the following (Sec. 3):

    • Clear identification of the specific investigational drug, biological product, or medical device the patient is seeking to use;

    • Description of the potentially best and worse outcomes of the treatment;

    • Information making clear that the patient’s insurer is not obligated to pay for the treatment; and

    • Indication that the patient may not be eligible for hospice care after treatment begins.

  • Specifies that healthcare providers may not be subject to criminal or civil liability, or be found to have committed unprofessional conduct, based on a recommendation for the use of an investigational drug, biological product, or medical device (Sec. 5).

  • Prohibits licensure boards from suspending or revoking a healthcare provider’s license based solely on such provider’s recommendation of an investigational drug, biological product, or medical device to an eligible patient (Sec. 5).

Legislation - Bill Passed (House) (-) -

Title: Authorizes Terminally Ill Patients to Use Experimental Treatments

Legislation - Introduced (House) -

Title: Authorizes Terminally Ill Patients to Use Experimental Treatments

Co-sponsors

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