LANSING – Bills that would allow terminally ill patients the right to try drugs that have only gone through the first phase of Food and Drug Administration testing were sent to the House floor on Tuesday by the House Health Policy Committee.
SB 991 would create the Right to Try Act, allowing individuals with terminal illnesses to have access to clinical trial drugs.
Sen. John Pappageorge (R-Troy), the sponsor of the bill, said the bill was a simple concept.
“If you have a stage four illness, then you have the right to try an experimental drug,” he said.
He said after a drug gets through phase one of an FDA trial, it is basically safe, but has not been proven effective.
SB 991 and HB 5649 were reported unanimously. HB 5649 would specify that recommending experimental treatment is not grounds for the Department of Licensing and Regulatory Affairs to investigate or take action against a health professional or health facility, except in the case of gross negligence or willful misconduct.
“This legislation amends the public health code to protect health care providers who recommend treatment under the right to try act, and health care facilities the physicians are associated with by clearly defining prohibited actions under the law,” said Rep. Nancy Jenkins (R-Clayton), sponsor of the bill. “Unless the department determines that gross negligence and willful misconduct are present, physicians are and associated facilities are protected from investigation and disciplinary actions.”
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