The bill allows, but does not require, eligible patients to participate in clinical trials and use investigational drugs, biological products, and devices. The bill defines an eligible patient as a person who has:
- A terminal illness;
- Considered all other treatment options currently approved by the United States food and drug administration;
- Received a prescription or recommendation from his or her physician;
- Given written, informed consent for the use of the investigational drug, biological product, or device; and
- Documentation from his or her physician that he or she meets the definition of "eligible patient".
The bill clarifies that a health insurance carrier is not required to pay for the investigational drug, biological product, or device.
The bill prohibits any action against a physician's license for his or her recommendations regarding the use of investigational drugs, biological products, or devices.