Compassionate Freedom of Choice Act of 2012

Compassionate Freedom of Choice Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to declare that nothing in it or in the Public Health Service Act shall prevent or restrict, and the Food and Drug Administration (FDA) shall not implement or enforce any law to prevent or restrict, the importation, distribution, or sale of investigational drugs or devices for terminally ill patients.

Prohibits the FDA Commissioner from requiring the disclosure, collection, or reporting of certain information concerning such drugs or devices, except that the sponsor of a clinical trial may voluntarily disclose, collect, or report such information to the FDA.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6342 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6342

  To allow the importation, distribution, and sale of investigational 
   drugs and devices intended for use by terminally ill patients who 
                 execute an informed consent document.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

Mr. Paul (for himself, Mr. Broun of Georgia, and Mr. Hanna) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To allow the importation, distribution, and sale of investigational 
   drugs and devices intended for use by terminally ill patients who 
                 execute an informed consent document.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Freedom of Choice Act 
of 2012''.

SEC. 2. DRUGS AND DEVICES FOR USE BY TERMINALLY ILL PATIENTS.

    The Federal Food, Drug, and Cosmetic Act is amended by inserting 
after section 561 (21 U.S.C. 360bbb) the following:

``SEC. 561A. DRUGS AND DEVICES FOR USE BY TERMINALLY ILL PATIENTS.

    ``(a) In General.--Nothing in this Act or section 351 of the Public 
Health Service Act prevents or restricts, and the Food and Drug 
Administration shall not implement or enforce any provision of law 
preventing or restricting, the importation, distribution, or sale of an 
investigational drug or device intended for use by a terminally ill 
patient in accordance with subsection (b).
    ``(b) Patient Requirements.--In order for an investigational drug 
or device to be intended for use in accordance with this subsection, 
such drug or device must be intended for use by a patient who has--
            ``(1) been diagnosed with a terminal illness by a licensed 
        physician;
            ``(2) been informed by a licensed physician that no drug or 
        device that is lawfully marketed in the United States is likely 
        to cure the illness; and
            ``(3) executed a written informed consent document that 
        states--
                    ``(A) the known and potential risks and benefits of 
                such drug or device; and
                    ``(B) any indications of the illness for which a 
                drug or device is lawfully marketed, or for which 
                treatment is otherwise available, in the United States.
    ``(c) Prohibition on Requiring the Disclosure, Collection, and 
Reporting of Certain Information by Food and Drug Administration.--
            ``(1) In general.--The Commissioner of Food and Drugs may 
        not require the disclosure, collection, or reporting of--
                    ``(A) any information related to the delivery, 
                administration, or use of an investigational drug or 
                device pursuant to this section; or
                    ``(B) any information related to the clinical 
                outcomes experienced by a terminally ill patient 
                supplied an investigational drug or device pursuant to 
                this section.
            ``(2) Exception.--Nothing in this subsection prevents the 
        sponsor of a clinical trial from voluntarily disclosing, 
        collecting, or reporting information to the Food and Drug 
        Administration.
    ``(d) Definition of Investigational Drug or Device.--In this 
section, the term `investigational drug or device' means a drug or 
device that--
            ``(1) has not yet been approved, licensed, or cleared for 
        commercial distribution under section 505, 510(k), or 515 of 
        this Act or section 351 of the Public Health Service Act (42 
        U.S.C. 262), and cannot otherwise be lawfully marketed in the 
        United States; and
            ``(2) is or has been the subject of one or more clinical 
        trials.''.
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