BILL ANALYSIS

H.B. 3236

By: Kacal

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that participation in the program for patients with a terminal illness to try investigational drugs, biological products, and devices has been limited due to the requirement that the drug, product, or device be provided to the patient by the manufacturer free of charge. H.B. 3236 seeks to address this issue by allowing manufacturers to charge the patient for the cost of, or costs associated with, the manufacture of the drug, product, or device.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3236 amends the Health and Safety Code to replace the requirement for a manufacturer that makes available an investigational drug, biological product, or device to an eligible patient with a terminal illness to provide the drug, product, or device to the patient without receiving compensation with an authorization for the manufacturer to do so or require the patient to pay the costs of, or the costs associated with, the manufacture of the drug, product, or device.

EFFECTIVE DATE

September 1, 2017.