North Carolina 2023-2024 Session Status: In Committee Bipartisan · 10 R · 2 D · 1 I cosponsors

HB 1029 — Right To Try Individualized Treatments.

Last action — Reptd Fav Com Substitute

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

114 added · 119 removed

Plain-language change summary

In the latest version of House Bill 1029, a key change was the emphasis on the requirement that a physician must be consulted when creating the written, informed consent for a patient receiving individualized investigational treatments. This ensures that patients receive better guidance and understanding of their options, potentially improving patient safety and informed decision-making. Additionally, the definition of written, informed consent has been clarified, outlining the responsibilities of parents or legal guardians when minors are involved. This change reinforces the importance of informed consent in medical treatments, particularly for patients facing serious health conditions.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 2 HOUSE BILL 1029 Committee Substitute Favorable 6/11/24 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 1029 Short Title:
Representatives Chesser, Blackwell, Potts, and Reeder (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
May 7, 2024 A BILL TO BE ENTITLED AN ACT TO PROVIDE ELIGIBLE PATIENTS THE RIGHT TO TRY INDIVIDUALIZED INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES TO TREAT LIFE-THREATENING OR SEVERELY DEBILITATING ILLNESSES AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Health, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House May 7, 2024 A BILL TO BE ENTITLED AN ACT TO PROVIDE ELIGIBLE PATIENTS THE RIGHT TO TRY INDIVIDUALIZED INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES TO TREAT LIFE-THREATENING OR SEVERELY DEBILITATING ILLNESSES AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
This documentation shall include an attestation from the treating physician that the treating physician was consulted in the creation of the written, informed consent required under this Part.
This documentation shall include an attestation from the treating physician that the treating *H1029-v-1* General Assembly Of North Carolina Session 2023 physician was consulted in the creation of the written, informed consent required under this Part.
*H1029-v-2* General Assembly Of North Carolina Session 2023 (3) Individualized investigational drug, biological product, or device.
(3) Individualized investigational drug, biological product, or device.
(5) Life-threateningillness.–Diseasesorconditionswherethelikelihoodofdeath is high unless the course of the disease is interrupted;
(5) Life-threatening or severely debilitating illness.
and diseases or conditions with potentially fatal outcomes where the end point of clinical trial analysis is survival.
– As those terms are defined in 21 C.F.R.
(6) Severely debilitating illness.
§ 312.81.
– Diseases or conditions that cause major irreversible morbidity.
(6) Written, informed consent.
(7) Written, informed consent.
Page 2 House Bill 1029-Second Edition General Assembly Of North Carolina Session 2023 h.
h.
A statement that the eligible patient or, for an eligible patient who is a minor or lacks capacityto provide informed consent, that the parent or legal guardian consents to the use of the individualized investigational drug, biological product, or device for treatment of the life-threatening or severely debilitating illness.
A statement that the eligible patient or, for an eligible patient who is a minor or lacks capacityto provide informed consent, that the parent or Page 2 House Bill 1029-First Edition General Assembly Of North Carolina Session 2023 legal guardian consents to the use of the individualized investigational drug, biological product, or device for treatment of the life-threatening or severely debilitating illness.
Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider, or denial of coverage by the Medicaid program authorized under Part 6, Article 2, of Chapter 108A of the General Statutes, do not constitute a violation of this section.
Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section.
House Bill 1029-Second Edition Page 3 General Assembly Of North Carolina Session 2023 Nothing in this Part shall be construed to affect a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial pursuant to G.S.
Nothing in this Part shall be construed to affect a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial pursuant to G.S.
SECTION 3.
House Bill 1029-First Edition Page 3 General Assembly Of North Carolina Session 2023 SECTION 3.
Page 4 House Bill 1029-Second Edition
Page 4 House Bill 1029-First Edition
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Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Appropriations

  3. Passed 1st Reading

  4. Ref to the Com on Health, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

  5. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 14 co-sponsors · 162 not signed on

Sponsors (3)

Co-sponsors (14)

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance technology
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Frequently asked questions

Who sponsors HB 1029?
HB 1029 is sponsored by Allen Chesser (Republican), Hugh Blackwell (Republican), Larry W. Potts (Republican), Reeder, Celeste C. Cairns (Republican), Crutchfield, Carla D. Cunningham (U), Pricey Harrison (Democratic), Keith Kidwell (Republican), Donnie Loftis (Republican), Lowery, Erin Paré (Republican), A. Reece Pyrtle, Jr. (Republican), Sossamon, Larry C. Strickland (Republican), Bill Ward (Republican), and Shelly Willingham (Democratic).
What is the current status of HB 1029?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1029?
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