Relating To Access To Treatment For Terminally Ill Patients.
The bill modifies Chapter 321 of the Hawaii Revised Statutes by introducing a new section that outlines eligibility criteria for accessing investigational treatments. This includes requirements such as terminal illness certification by a physician, consideration of all approved treatment options, and inability to participate in nearby clinical trials. This legislation is poised to significantly impact the rights of terminally ill patients, providing them autonomy in treatment choices during critical times.
House Bill 1918 aims to provide terminally ill patients in Hawaii with access to investigational drugs, biological products, and devices that are still under clinical investigation and have not yet been approved by the FDA. The bill acknowledges the urgency that terminally ill patients face when alternative treatments are exhausted, stating that the lengthy approval process can prevent patients from accessing potentially life-saving therapies. Previous 'right-to-try' laws in 25 other states have laid a foundation for this legislation.
Notably, the legislation places emphasis on informed consent. Patients must sign documentation that clarifies potential outcomes and liabilities involved with using investigational treatments. Furthermore, it stipulates that healthcare providers cannot face repercussions for recommending experimental treatments to eligible patients, thus ensuring that patients are guided towards potential life-saving options without fear of professional penalty. Nevertheless, the bill allows manufacturers to choose whether or not to provide these treatments, which brings up concerns regarding patient access and the financial implications of such treatments.