Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1844 By: Grellner
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7 AS INTRODUCED
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8 An Act relating to health care; creating the Hope for
8 Oklahoma Patients Act; providing short title;
9 defining terms; authorizing individualized
9 investigational treatments for eligible patients;
10 making act voluntary for manufacturers; providing
10 certain authorities to eligible facilities; limiting
11 effect of act; making coverage voluntary for payors;
11 granting certain immunities from civil liability;
12 granting certain protections to health care
12 providers; prohibiting certain acts by state
13 entities; providing for codification; and providing
13 an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 3092.1 of Title 63, unless there
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20 is created a duplication in numbering, reads as follows:
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21 This act shall be known and may be cited as the "Hope for
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22 Oklahoma Patients Act".
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 3092.2 of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Eligible facility" means an institution that is operating
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6 under a Federalwide Assurance (FWA) for the Protection of Human
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7 Subjects under 42 U.S.C., Section 289(a) and 45 C.F.R., Part 46. An
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8 eligible facility is subject to the FWA laws, regulations, policies,
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9 and guidelines including renewals or updates;
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10 2. "Eligible patient" means an individual who meets all of the
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11 following conditions:
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12 a. has a life-threatening or severely debilitating
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13 illness, or serious disease or condition associated
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14 with morbidity that has a substantial impact on day-
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15 to-day functioning, attested to by the patient's
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16 treating physician,
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17 b. has considered all other treatment options currently
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18 approved by the United States Food and Drug
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19 Administration,
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20 c. has received a recommendation from his or her
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21 physician for an individualized investigational
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22 treatment, based on analysis of the patient's genomic
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23 sequence, human chromosomes, deoxyribonucleic acid,
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1 ribonucleic acid, genes, gene products such as enzymes
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2 and other types of proteins, or metabolites,
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3 d. has given written, informed consent for the use of the
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4 individualized investigational treatment, and
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5 e. has documentation from his or her physician that he or
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6 she meets the requirements of this paragraph;
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7 3. "Individualized investigational treatment" means drugs,
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8 biological products, or devices that are unique to and produced
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9 exclusively for use for an individual patient, based on the
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10 patient's own genetic profile.
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11 a. Individualized investigational treatment includes, but
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12 is not limited to, individualized gene therapy
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13 antisense oligonucleotides (ASO) and individualized
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14 neoantigen vaccines.
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15 b. Individualized investigational treatment includes any
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16 drug, biological product, or device, including those
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17 derived from human perinatal tissues, cells, and
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18 secreted factors not obtained from an abortion, but
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19 does not include any controlled substance that is
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20 illegal under federal law and does not include any
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21 drug, biological product, or device derived from human
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22 primary or secondary embryonic stem cells or cell
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23 lines, or tissues or cells derived from abortion;
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1 4. "Life-threatening or severely debilitating illness" has the
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2 same meaning as provided in 21 C.F.R., Section 312.81, or any
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3 successor law or regulation as applicable; and
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4 5. "Written, informed consent" means a written document signed
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5 by the patient; or if the patient is a minor, by the patient's
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6 parent or legal guardian, who, notwithstanding any other provision
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7 of law, shall have the right to be present during any meeting or
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8 consultation with any health care provider and shall be provided
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9 copies of all records of services provided by a health care provider
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10 to a minor. The consent form, at a minimum, shall include all of
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11 the following:
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12 a. an explanation of the currently approved products and
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13 treatments for the disease or condition from which the
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14 patient suffers,
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15 b. an attestation that the patient concurs with his or
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16 her physician in believing that all currently approved
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17 and conventionally recognized treatments are unlikely
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18 to prolong the patient's life,
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19 c. clear identification of the specific proposed
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20 individualized investigational treatment that the
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21 patient is seeking to use,
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22 d. a description of the potentially best and worst
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23 outcomes of using the individualized investigational
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24 treatment and a realistic description of the most
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1 likely outcome. The description shall include the
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2 possibility that new, unanticipated, different, or
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3 worse symptoms might result and that death could be
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4 hastened by the proposed treatment. The description
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5 shall be based on the physician's knowledge of the
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6 proposed treatment in conjunction with an awareness of
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7 the patient's condition,
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8 e. a statement that the patient's health plan or third-
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9 party administrator and provider are not obligated to
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10 pay for any care or treatments consequent to the use
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11 of the individualized investigational treatment,
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12 unless specifically required by law or contract,
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13 f. a statement that the patient's eligibility for hospice
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14 care may be withdrawn if the patient begins curative
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15 treatment with the individualized investigational
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16 treatment and that care may be reinstated if this
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17 treatment ends and the patient meets hospice
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18 eligibility requirements, and
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19 g. a statement that the patient understands that he or
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20 she is liable for all expenses consequent to the use
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21 of the individualized investigational treatment and
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22 that this liability extends to the patient's estate,
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23 unless a contract between the patient and the
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1 manufacturer of the individualized investigational
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2 treatment states otherwise.
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3 SECTION 3. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 3092.3 of Title 63, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. A manufacturer operating within an eligible facility and
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7 pursuant to all applicable Federalwide Assurance (FWA) laws and
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8 regulations may make available an individualized investigational
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9 treatment and an eligible patient may request an individualized
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10 investigational treatment from an eligible facility or manufacturer
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11 operating within an eligible facility under this act. This act does
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12 not require that a manufacturer make available an individualized
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13 investigational treatment to an eligible patient.
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14 B. An eligible facility or manufacturer operating within an
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15 eligible facility may:
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16 1. Provide an individualized investigational treatment to an
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17 eligible patient without receiving compensation; and
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18 2. Require an eligible patient to pay the costs of, or the
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19 costs associated with, the manufacture of the individualized
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20 investigational treatment.
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21 SECTION 4. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 3092.4 of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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24 A. This act does not:
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1 1. Expand the coverage required of an insurer under the
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2 Oklahoma Insurance Code;
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3 2. Require any governmental agency to pay costs associated with
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4 the use, care, or treatment of a patient with an individualized
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5 investigational treatment;
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6 3. Require a hospital or facility licensed by this state to
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7 provide new or additional services, unless approved by the hospital
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8 or facility; or
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9 4. Affect any mandatory health care coverage for participation
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10 in clinical trials under the Oklahoma Insurance Code.
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11 B. A health plan, third-party administrator, or governmental
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12 agency may, but is not required to, provide coverage for the cost of
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13 an individualized investigational treatment, or the cost of services
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14 related to the use of an individualized investigational treatment
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15 under this act.
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16 SECTION 5. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 3092.5 of Title 63, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. If a patient's death is proximately caused by treatment with
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20 an individualized investigational treatment, the patient's estate,
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21 heirs, or devisees are not liable for any debt remaining after
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22 payment by insurance for charges directly incurred for such
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23 treatment. However, this subsection does not provide an exemption
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24 to liability for charges for non-experimental treatments provided to
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1 the patient, including non-experimental treatments rendered to the
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2 patient due to complications or consequences of the experimental
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3 treatment.
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4 B. This act does not create a private cause of action against a
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5 manufacturer of an individualized investigational treatment or
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6 against any other person or entity involved in the care of an
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7 eligible patient using the individualized investigational treatment
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8 for any harm done to the eligible patient resulting from the
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9 individualized investigational treatment, if the manufacturer or
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10 other person or entity is complying in good faith with the terms of
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11 this act and has exercised reasonable care.
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12 SECTION 6. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 3092.6 of Title 63, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A. A licensing board shall not revoke, fail to renew, suspend,
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16 or take any action against a health care provider's license based
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17 solely on the health care provider's recommendations to an eligible
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18 patient regarding access to or treatment with an individualized
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19 investigational treatment. An entity responsible for Medicare
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20 certification shall not take action against a health care provider's
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21 Medicare certification based solely on the health care provider's
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22 recommendation that a patient have access to an individualized
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23 investigational treatment.
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1 B. An official, employee, or agent of this state shall not
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2 block or attempt to block an eligible patient's access to an
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3 individualized investigational treatment. Counseling, advice, or a
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4 recommendation consistent with medical standards of care from a
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5 licensed health care provider is not a violation of this subsection.
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6 SECTION 7. This act shall become effective November 1, 2026.
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8 60-2-3488 DC 1/14/2026 11:43:38 PM
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Req. No. 3488 Page 9Every fact on this page links to its source, starting with the official bill record.