Text: HF00421 Text: HF00423 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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
Text: HF00421 Text: HF00423 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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