Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Vote Yes; Amend | Neutral | Neutral | Neutral | Positive | Positive |
No significant fiscal implication to the State is anticipated.
It is anticipated that the duties and responsibilities of implementing agencies would be accomplished through existing resources.
No fiscal implication to units of local government is anticipated.
5/21/15 Update:
This bill has been
substantively updated since we reported on it in its original chamber. Due to a modification we have moved from a vote yes to a vote yes; amend recommendation. The second chamber sponsor is Senator Bettencourt.
First chamber analysis
below:
The bill would authorize terminally ill patients, who have exhausted all viable treatment options, to access experimental drugs that have not yet been approved by the United States Food and Drug Administration (FDA). The bill specifically refers to drugs that have passed the first phase (safety phase) but have not passed the second phase (efficacy test) of the FDA drug approval process.
SB 694, which is a similar bill that we supported, would strictly prohibit manufacturers from charging a terminally ill patient a fee for receiving experimental drugs. HB 21, on the other hand, would allow a manufacturer to charge a patient a fee. HB 21 would also authorize, not mandate, a health benefit plan to provide coverage for the cost of an experimental drug.
Second chamber analysis below:
The bill would authorize terminally ill patients, who have exhausted all viable treatment options, to access experimental drugs that have not yet been approved by the United States Food and Drug Administration (FDA). The bill specifically refers to drugs that have passed the first phase (safety phase) but have not passed the second phase (efficacy test) of the FDA drug approval process.
The Senate Committee substitute would strictly prohibit manufacturers from charging a terminally ill patient a fee for receiving experimental drugs.
The purpose of this legislation is to authorize a terminally ill patient to access investigational drugs that could potentially prolong a patient's life. Curbing the FDA's lengthy drug approval process for people who have no alternatives promotes limited government and empowers a terminally ill patient's individual liberty.
We think the engrossed version of HB 21 is better than the Senate Committee Substitute because it would not prohibit manufacturers from charging a patient a fee for utilizing experimental drugs. Thus the House engrossed version would prevent the government from regulating how manufacturers operate their businesses.
We support HB 21 because it promotes our limited government and individual liberty principles. However, we encourage legislators to amend HB 21 by reinstating the provision authorizing manufacturers to charge a patient a fee for using experimental drugs. Therefore, our position is vote yes; amend.