House File 422 HOUSE FILE BY MERTZ Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act authorizing the use of investigational, experimental, new, 2 or unconventional medical treatment. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2759HH 80 5 jp/cl/14 PAG LIN 1 1 Section 1. NEW SECTION. 148.14 ACCESS TO MEDICAL 1 2 TREATMENT == INVESTIGATIONAL, EXPERIMENTAL, OR UNCONVENTIONAL 1 3 MEDICAL TREATMENT. 1 4 1. This section shall be known as and may be cited as the 1 5 "Access to Medical Treatment Act". 1 6 2. For the purpose of this section, unless the context 1 7 otherwise requires, "physician" means a person licensed by the 1 8 board of medical examiners to practice medicine and surgery or 1 9 osteopathic medicine and surgery. 1 10 3. Notwithstanding any other provision of law, an 1 11 individual shall have the right to be treated by a physician 1 12 for an illness or disease with any investigational, 1 13 experimental, new, or unconventional medical treatment that is 1 14 desired by the individual or is authorized by the individual's 1 15 legal guardian or attorney in fact under chapter 144B, 1 16 providing that all of the following circumstances are 1 17 applicable: 1 18 a. The individual has been personally examined by the 1 19 physician. 1 20 b. A reasonable basis is not present to conclude that the 1 21 medical treatment, when administered as directed, poses an 1 22 unreasonable and significant risk of danger to the individual. 1 23 c. The physician has provided the individual with both an 1 24 oral explanation and a written statement that discloses the 1 25 facts regarding the nature of the medical treatment and 1 26 specifically indicates that the treatment offered is 1 27 investigational, experimental, new, or unconventional. If the 1 28 medical treatment offered involves a drug or medical device, 1 29 the explanation and statement shall disclose whether or not 1 30 the drug or medical device has been approved by the United 1 31 States food and drug administration and any material risks of 1 32 the drug or medical device that are generally recognized by a 1 33 reasonably prudent physician. The individual or the 1 34 individual's legal guardian or attorney in fact shall 1 35 acknowledge with a signature receipt of the explanation and 2 1 statement. 2 2 4. A physician's provision of medical treatment to an 2 3 individual in accordance with this section shall not by itself 2 4 constitute or be considered to be unprofessional practice or 2 5 conduct. 2 6 EXPLANATION 2 7 This bill allows a physician to authorize the use of 2 8 investigational, experimental, new, or unconventional medical 2 9 treatment provided the physician has personally examined the 2 10 individual, there is no reason to conclude that the treatment 2 11 poses an unreasonable or significant risk to the individual, 2 12 and the individual being treated or the individual's legal 2 13 guardian or attorney in fact under Code chapter 144B, relating 2 14 to a durable power of attorney for health care, has provided 2 15 informed written consent. 2 16 The bill may be cited as the "Access to Medical Treatment 2 17 Act". A physician's treatment of an individual in compliance 2 18 with the bill shall not by itself constitute unprofessional 2 19 practice or conduct. 2 20 LSB 2759HH 80 2 21 jp/cl/14