everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Healthcare

SB136

To Create The Right To Try Individualized Investigational Treatment Act; And To Ensure That Patients Have Access To Individualized Investigational Treatment.

Passed

Last Action (Feb. 27, 2025): Notification that SB136 is now Act 201

Sponsors

AI-Generated Summary

Senate Bill 136 establishes the 'Right to Try Individualized Investigational Treatment Act' in Arkansas. The bill creates a legal framework allowing patients with life-threatening or severely debilitating illnesses to access experimental treatments, such as individualized gene therapies, that are unique to the patient's genetic profile. To be eligible, a patient must receive a recommendation from a physician, have considered all FDA-approved treatment options, and provide detailed informed consent. The legislation specifies that manufacturers are not required to provide these treatments, and insurance companies are not mandated to cover the associated costs. It also provides legal immunity for medical professionals and entities involved in administering these treatments, provided they act in good faith and without gross negligence. Furthermore, the bill prohibits state agencies from penalizing medical professionals or facilities for participating in these treatments. Finally, it explicitly states that the Arkansas Medicaid program is not required to provide additional coverage for these investigational treatments.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are patients suffering from life-threatening or severely debilitating conditions who have exhausted all conventional FDA-approved treatment options and wish to pursue experimental, genetically-tailored medical interventions. Additionally, medical researchers and pharmaceutical manufacturers involved in developing specialized, individualized investigational treatments may benefit from the expanded legal framework, regulatory protection, and potential ability to recover manufacturing costs from patients.

Who Might Suffer?

Patients who might feel pressured to pursue expensive, unproven, and potentially risky treatments may be negatively impacted, particularly if they exhaust their financial resources or their estate's assets in the process. Additionally, these patients may face unintended consequences, such as the loss of eligibility for hospice care while undergoing experimental treatment. Healthcare institutions and providers could face complex ethical dilemmas or administrative burdens if they choose not to offer these treatments, despite the legislation not requiring them to do so.

Vote Records

Third Reading

Feb. 26, 2025
Yea: 95 Nay: 1 NV: 4 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House NV
Mark Perry Democrat House Yea
Jon Eubanks Republican House NV
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Nay
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Marcus Richmond Republican House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House NV
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House NV
Steven Walker Republican House Yea
Glenn Barnes Democrat House Yea
Lincoln Barnett Democrat House Yea
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House Yea
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House Yea
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Yea

Third Reading

Feb. 6, 2025
Yea: 33 Nay: 0 NV: 0 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Absent
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Absent
Jamie Scott Democrat Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us