Bill: HB 21, 84(R) - 2015

Committee

House Public Health

Companion Bill

SB 694

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Vote Yes; Amend Neutral Neutral Neutral Positive Positive

Author(s)

Kyle Kacal

Co-Author(s)

Alma A. Allen
Roberto Alonzo
Carol Alvarado
Rafael Anchia
Trent Ashby
Jimmie Don Aycock
Cecil Bell Jr.
Cesar Blanco
Cindy Burkett
DeWayne Burns
Dustin Burrows
Giovanni Capriglione
Travis Clardy
Nicole Collier
Byron Cook
Myra Crownover
Tony Dale
Drew Darby
Yvonne Davis
Joe Deshotel
Harold Dutton Jr.
Gary Elkins
Wayne Faircloth
Joe Farias
Marsha Farney
Jessica Farrar
Dan Flynn
Rick Galindo
Charlie Geren
Craig Goldman
Larry Gonzales
Mary Gonzalez
Bobby Guerra
Ryan Guillen
Patricia Harless
Ana Hernandez
Donna Howard
Dan Huberty
Bryan Hughes
Celia Israel
James Keffer
Mark Keough
Phil King
Susan King
Tracy King
Stephanie Klick
Matt Krause
John Kuempel
Brooks Landgraf
Lyle Larson
Oscar Longoria
Eddie Lucio III
Marisa Marquez
Armando Martinez
Will Metcalf
Borris Miles
Rick Miller
Joe Moody
Sergio Munoz Jr.
Jim Murphy
Andrew Murr
Elliot Naishtat
John Otto
Chris Paddie
Gilbert Pena
Dade Phelan
Four Price
John Raney
Richard Raymond
Ron Reynolds
Justin Rodriguez
Ramon Romero Jr.
Toni Rose
Scott Sanford
Kenneth Sheets
Ron Simmons
David Simpson
Drew Springer
Phil Stephenson
Jonathan Stickland
Ed Thompson
Senfronia Thompson
Chris Turner
Sylvester Turner
Gary VanDeaver
Jason Villalba
Molly White
John Wray
Gene Wu
Bill Zedler
John Zerwas

Bill Caption

Relating to authorizing patients with certain terminal illnesses to access certain investigational drugs, biological products, and devices that are in clinical trials.

Fiscal Notes

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.

Bill Analysis

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.

Vote Recommendation Notes

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.


Source URL (retrieved on 03/29/2024 08:03 AM): http://reports.texasaction.com/bill/84r/hb21?print_view=true