A measure allowing terminally ill patients the right to try experimental drugs has passed a South Dakota legislative committee.
Representative Leslie Heinemann is a republican from Flandreau. He says around 600,000 people are diagnosed with a terminal disease each year. Of those 600,000 only three percent are admitted into FDA clinical trials and half of that three percent are given placebos. This means patients are given few options when diagnosed with a terminal disease. Heinemann says there are many drugs on the market that have been approved in other countries but are still going through testing in the United States meaning patients have to travel long distances to receive treatment. Heinemann, who himself is diagnosed with MS, says House Bill 1080 helps dying patients by giving them the opportunity to try experimental drugs.
"The gist of it is people want hope at the end of life and why should they have to travel at great expense to other countries to look for hope," says Heinemann, "We can give that to them today with this bill."
Heinemann says the experimental drugs would first have to pass Phase 1 of an FDA clinical trial. This means the drugs are not harmful to human health but they don’t necessarily effectively treat the disease. In order to receive these experimental drugs patients have to sign a waiver releasing doctors, hospitals and drug manufactures from legal action. The waiver also relieves insurance providers from the obligation to pay for the patient’s treatment.
Five other states have passed similar right-to-try laws in 2014. Some lawmakers say South Dakota should wait to see what happens in other states before passing legislation this year.
House Bill 1080 passed the House Health and Human services committee by a vote of 11 to 2 and now moves to the House Floor.