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  • NJ A1455
  • Establishes "Right to Try Act" permitting terminally ill patients to access investigational drugs and treatment.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would permit patients who are terminally ill to access investigational drugs, biological products, and devices that have not yet been approved by the United States Food and Drug Administration (FDA). To use an investigational drug, biological product, or device, the patient would be required to: have a medical condition that results in a life expectancy of less than 12 months; have consulted with a physician and considered all other treatment options currently approved by the FDA; have received a prescription or recommendation from a physician for the investigational drug, biological product, or device; and give informed, written consent to use of the investigational drug, biological product, or device. The physician would be required to document that the patient has met these requirements. The bill would require that the investigational drug, biological product, or device has successfully completed phase one of an FDA-approved clinical trial and remains under investigation in an FDA-approved clinical trial. The manufacturer would be permitted to provide the investigational drug, biological product, or device without compensation or require the patient pay the costs associated with its manufacture. Government medical assistance programs and private health insurers would not be required to provide coverage for the cost of an investigational drug, biological product, or device, but private insurers would be permitted to provide coverage if they so choose. The bill would prohibit the State Board of Medical Examiners from revoking a license, failing to renew a license, or taking any other disciplinary action against a physician solely based on the physician's recommendation, prescription, or treatment of an eligible patient with an investigational drug, biological product, or device consistent with the provisions of the bill. Any official, employee, or agent of a State or local government who attempts to block or who does block access of an eligible patient to an investigational drug, biological product, or device would be a disorderly person, which offense is punishable by imprisonment for up to six months, a $1,000 fine, or both.
Health and Senior Services
Introduced, Referred to Assembly Health and Senior Services Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
None specified