OKLAHOMA CITY (Mar. 1, 2015) – Last week, an Oklahoma House committee passed a bill that would nullify in practice some Food and Drug Administration (FDA) rules that prevent treatments from being used by terminally ill patients.

Introduced by State Rep. Richard Morrissette (D-92) and State Sen. Rob Standridge (D-15), House Bill 1074 (HB1074), the Oklahoma Right to Try Act, pushes back against the FDA and their controversial methodology of withholding experimental treatments from people on their deathbed.

The bill passed by a unanimous 10-0 vote through the House Public Health Committee on Feb. 25. It will now go to the House floor where it will be eligible to receive a full vote.

HB1074 would allow patients suffering from a terminal disease attested to by a physician and who has considered all other approved treatment options to try experimental treatments or drugs not yet approved by the FDA, effectively nullifying this narrow, but important set of federal restrictions.

Health care providers who prescribe these drugs to patients are shielded from liability under HB1074. The text of the bill states that “a licensing board may not revoke, fail to renew, suspend or take any action against a health care provider’s license, based solely on the health care provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device, as long as the recommendations are consistent with medical standards of care.”

HB1074 makes up part of a greater trend sweeping the nation. During this most recent November election, Arizona residents approved Prop. 303, known as the Arizona Terminal Patients’ Right to Try Referendum. The proposition allows investigational drugs, biological products or devices to be made available to eligible terminally ill patients, not permitted under the FDA.

Legislatures in Colorado, Michigan, Missouri, and Louisiana, have already passed Right to Try Laws similar to the Arizona amendment, and more than 20 states are considering such measures in 2015, with legislative chambers in Utah, Montana, Wyoming, Arkansas and Mississippi passing similar measures this month.

Although these laws only address one small aspect of FDA regulation, they provide us with a clear model demonstrating how to nullify federal statutes that violate the Constitution. The strategy narrows the influence of nullification to limited aspects of the law itself. The strategy works because it focuses on ending specific federal policies large numbers of Americans from across the political spectrum oppose.

HB1074 represents a positive first step to help terminally-ill patients from FDA restrictions that can kill.

ACTION ITEMS

In Oklahoma: Support this bill by following the action steps at THIS LINK

In Other States: Take the steps to get a similar bill passed in your state at this link.

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