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