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

TX HB4348

Relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.

TX SB1580

Relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.

TX HB4059

Relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.

TX HB975

Relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.

AR SB136

To Create The Right To Try Individualized Investigational Treatment Act; And To Ensure That Patients Have Access To Individualized Investigational Treatment.

IA HF802

A bill for an act relating to the right to try Act.(Formerly HF 320.)

TN SB0282

AN ACT to amend Tennessee Code Annotated, Title 53 and Title 63, relative to medical treatment.

TN HB0192

AN ACT to amend Tennessee Code Annotated, Title 53 and Title 63, relative to medical treatment.