HB 25-1270: Patients' Right to Try Individualized Treatments

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 30 · Republican 16

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 19, 2025Governor Signed
2. May 2, 2025Sent to the Governor
3. May 1, 2025Signed by the Speaker of the House
4. May 1, 2025Signed by the President of the Senate
5. April 14, 2025Senate Third Reading Passed - No Amendments
6. April 11, 2025Senate Second Reading Special Order - Passed - No Amendments
7. April 10, 2025Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole
8. March 19, 2025Introduced In Senate - Assigned to Health & Human Services
9. March 14, 2025House Third Reading Passed - No Amendments
10. March 13, 2025House Second Reading Special Order - Passed - No Amendments
11. March 10, 2025House Second Reading Laid Over Daily - No Amendments
12. March 5, 2025House Committee on Health & Human Services Refer Unamended to House Committee of the Whole

Showing 12 most recent of 13 actions. Full history