West Virginia 2025 Regular Session

West Virginia House Bill HB2410

Introduced
2/17/25  
Refer
2/17/25  
Refer
3/25/25  
Engrossed
4/2/25  
Refer
4/3/25  

Caption

Safeguard the Right-To-Try Cutting-Edge Medicine Act

Impact

The implementation of HB 2410 is anticipated to significantly influence state laws regarding the availability of personalized medical treatments. By offering a legal framework for the use of individualized investigational products, the bill seeks to empower patients with more choice in their treatment options. Additionally, it delineates protections for healthcare providers, shielding them from disciplinary actions related to their recommendations about these treatments. The bill addresses critical issues concerning liability for unpaid medical expenses following a patient's death during treatment, ensuring that heirs are not held responsible for any costs incurred.

Summary

House Bill 2410, titled the 'Safeguard the Right-To-Try Cutting-Edge Medicine Act', aims to provide eligible patients with access to individualized treatments by allowing them to use investigational drugs, biological products, or devices. Specifically, it targets individuals suffering from life-threatening or severely debilitating illnesses who have exhausted all FDA-approved treatment options. The bill outlines the criteria for an 'eligible patient' and details the responsibilities of healthcare providers in recommending such treatments. Furthermore, it prohibits penalties against providers for making recommendations about individualized treatments, ensuring they can do so without fear of losing their licenses or Medicare certifications.

Sentiment

The overall sentiment surrounding HB 2410 appears to be positive among supporters who view it as a necessary measure to enhance patient autonomy in healthcare. Advocates argue that the bill democratizes access to potentially life-saving treatments at a time when traditional options have been exhausted. However, there are concerns expressed by some critics about the implications of the bill on safety and efficacy, as individualized treatments are still in investigational stages and may not always be backed by extensive clinical data. The debate reflects a common tension in healthcare policy between patient rights and the need for rigorous regulatory oversight.

Contention

Notably, the main points of contention include the potential pitfalls of prioritizing access over safety assurances, as well as the adequacy of informed consent procedures stipulated in the bill. Critics worry that without stringent regulatory oversight, patients may be exposed to risky treatments that have not undergone comprehensive testing. Furthermore, the definition of 'informed consent' and the responsibilities of healthcare providers in ensuring patients fully understand the potential risks and benefits could become focal points for discussion as the bill progresses through the legislative process.

Companion Bills

WV SB594

Similar To Relating to right to try individualized treatments

Similar Bills

CA AB395

Substance use treatment providers.

AZ HB2745

Court-ordered treatment; enhanced services

AZ SB1310

Court-ordered treatment; enhanced services.

AZ HB2944

Inpatient treatment days; computation; exclusion

CA SB349

California Ethical Treatment for Persons with Substance Use Disorder Act.

AZ HB2041

Mental health; voluntary evaluations; payment

CA AB1230

Gambling disorder prevention.

IA HF518

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans and making appropriations.(Formerly HF 326.)