HB 56, sponsored by Delegate K. Young, proposes to remove legal penalties certain patients who try experimental drugs. Under this proposed legislation, those with terminal illnesses, under a narrow set of circumstances, may try investigational drugs with no legal penalty.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(B) “ELIGIBLE PATIENT” MEANS AN INDIVIDUAL WHO:

(1) HAS A TERMINAL ILLNESS, ATTESTED TO BY THE INDIVIDUAL’S TREATING PHYSICIAN;

(2) HAS CONSIDERED ALL OTHER TREATMENT OPTIONS CURRENTLY APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION;

(3) HAS RECEIVED A RECOMMENDATION FROM THE INDIVIDUAL’S TREATING PHYSICIAN FOR THE USE OF AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE;

(4) (I) HAS GIVEN INFORMED CONSENT FOR THE USE OF THE INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE;

…

AND (5) HAS DOCUMENTATION FROM THE INDIVIDUAL’S TREATING PHYSICIAN THAT THE INDIVIDUAL MEETS THE REQUIREMENTS OF ITEMS (1) THROUGH (4) OF THIS SUBSECTION.

This legislation is more complex than this post, but the gist of it, for patients, is above.

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