SB 933 — Health care; creating the Right to Try for Individualized Treatments Act; authorizing individualized investigational treatments for eligible patients. Effective date.

ENGROSSEDAn Act ENROLLED SENATE BILL NO.

Stanley of the Senate and Stark and Lepak of the House 5 An Act relating to health care;

BESUBJECT: IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Individualized investigational health care treatments BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

ENGR.1.

S.

B.

NO.

933 Page 1 1.

ENGR.3.

S.

B.

NO.

933 Page 2 3.

legal guardian;ENR.

S.

B.

NO.

933 Page 2 guardian;

a description of the potentially best and worst outcomes of using the individualized investigational ENGR.treatment and a realistic description of the most likely outcome.

S.

B.

NO.

933 Page 3 treatment and a realistic description of the most likely outcome.

a statement that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment with the individualized investigational treatment and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements, and g.ENR.

a statement that the patient understands that he or she is liable for all expenses consequent to the use of the individualized investigational treatment and that this liability extends to the patient’s estate, unless a contract between the patient and the ENGR.

933 Page 43 manufacturerg. of the individualized investigational treatment states otherwise.

a statement that the patient understands that he or she is liable for all expenses consequent to the use of the individualized investigational treatment and that this liability extends to the patient’s estate, unless a contract between the patient and the manufacturer of the individualized investigational treatment states otherwise.

ENGR.1.

Expand the coverage required of an insurer under the Oklahoma Insurance Code;

ENR.

933 Page 54 1.2.

Expand the coverage required of an insurer under the Oklahoma Insurance Code;

2.

This act does not create a private cause of action against a manufacturer of an individualized investigational treatment or ENGR.against any other person or entity involved in the care of an eligible patient using the individualized investigational treatment for any harm done to the eligible patient resulting from the individualized investigational treatment, if the manufacturer or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.

S.

B.

NO.

933 Page 6 against any other person or entity involved in the care of an eligible patient using the individualized investigational treatment for any harm done to the eligible patient resulting from the individualized investigational treatment, if the manufacturer or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.

A licensing board shall not revoke, fail to renew, suspend, or take any action against a health care provider’s license based solely on the health care provider’s recommendations to an eligible patientENR. regarding access to or treatment with an individualized investigational treatment.