SB 594
Relating to right to try individualized treatments
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, Senate Bill 594, establishes a "right to try" program in West Virginia, allowing eligible patients with life-threatening or severely debilitating illnesses to access individualized investigational drugs, biological products, or devices. The bill defines key terms like ‘eligible patient’ and ‘individualized investigational drug,’ outlines specific requirements for informed consent, and prohibits sanctions against healthcare providers and certain actions that would block access to these treatments. It also addresses liability for outstanding debts and clarifies that the article doesn't affect health benefit plans' coverage for clinical trials.
Key provisions
- Defines terms such as ‘eligible facility,’ ‘eligible patient,’ and ‘individualized investigational drug.’
- Specifies criteria for eligibility, including a life-threatening or severely debilitating illness and consideration of all other approved treatments.
- Requires written, informed consent from the patient (or their legal guardian) before treatment.
- Prohibits sanctions against licensed healthcare providers for recommending these treatments.
- Prevents state officials from blocking access to individualized treatments.
- States that no private right of action can be brought against manufacturers or other involved parties.
- Addresses liability for outstanding debts related to treatment if the patient dies.
- Clarifies that the article does not affect health benefit plans' coverage for clinical trials.
Who is affected
- Patients with life-threatening or severely debilitating illnesses
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