HB 2908

84(R) - 2015
House Public Health
House Public Health
Health & Human Services

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive


Tan Parker

Bill Caption

Relating to authorizing patients with certain terminal illnesses or severe chronic diseases 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.

No fiscal implication to units of local government is anticipated.

Bill Analysis

The bill would authorize terminally ill patients or patients with severe chronic diseases, 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 executive commissioner would be required to adopt rules specifying treatments patients could access. The executive commissioner would have the authorization to approve for treatment experimental drugs that have completed or are in the appropriate phase of a clinical trial in another country.

The bill would specifically exclude the use of cannabis to treat patients with terminal illnesses or severe chronic diseases. The bill would allow a manufacturer to charge a patient a fee; and it would authorize, not mandate, a health benefit plan to provide coverage for the cost of an experimental drug.

Vote Recommendation Notes

The purpose of this legislation is to authorize a terminally ill patient or patient with a severe chronic disease 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 support HB 2908.