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