2014 Senate Bill 991 / Public Act 345

Let terminal patients try non-FDA approved treatments

Introduced in the Senate

June 11, 2014

Introduced by Sen. John Pappageorge (R-13)

To establish that a person diagnosed with a terminal illness has a “right to try” experimental drugs or therapies, notwithstanding laws that prohibit treatments not approved by the federal Food and Drug Administration, subject to various conditions specified in the bill. The bill would prohibit state employees or officials from interfering, and ban licensing boards from sanctioning health care providers who participate, subject to specified conditions. Insurers would not have to cover these treatments, and drug makers who comply with the specified conditions would be immune from liability if the patient is harmed. The bill was introduced in response to criticism of FDA mandates that drug makers prove new drugs are “safe and effective” are improperly applied in these cases, leading to many preventable deaths. House Bill 5651 proposes the same thing..

Referred to the Committee on Health Policy

Aug. 13, 2014

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Passed in the Senate 31 to 2 (details)

Received in the House

Aug. 27, 2014

Referred to the Committee on Health Policy

Sept. 16, 2014

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Oct. 2, 2014

Passed in the House 109 to 0 (details)

To establish that a person diagnosed with a terminal illness has a “right to try” experimental drugs or therapies, notwithstanding laws that prohibit treatments not approved by the federal Food and Drug Administration, subject to various conditions specified in the bill. The bill would prohibit state employees or officials from interfering, and ban licensing boards from sanctioning health care providers who participate, subject to specified conditions. Insurers would not have to cover these treatments, and drug makers who comply with the specified conditions would be immune from liability if the patient is harmed. The bill was introduced in response to criticism of FDA mandates that drug makers prove new drugs are “safe and effective” are improperly applied in these cases, leading to many preventable deaths. House Bill 5651 proposes the same thing..

Signed by Gov. Rick Snyder

Oct. 15, 2014