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An Act
ENROLLED SENATE
BILL NO. 933 By: Stanley of the Senate
and
Stark and Lepak of the
House
An Act relating to health care; creating the Right to
Try for Individualized Treatments 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.
SUBJECT: Individualized investigational health care treatments
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 “Right to Try
for Individualized Treatments Act”.
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:
ENR. S. B. NO. 933 Page 2
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, 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,
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. Individualized investigational
treatment includes, but is not limited to, individualized gene
therapy antisense oligonucleotides (ASO) and individualized
neoantigen vaccines; and
4. “Written, informed consent” means a written document that is
signed by the patient; parent, if the patient is a minor; legal
ENR. S. B. NO. 933 Page 3
guardian; or patient advocate designated by the patient, and
attested to by the patient’s physician and a witness and that, at a
minimum, includes:
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
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
ENR. S. B. NO. 933 Page 4
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
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:
1. Expand the coverage required of an insurer under the
Oklahoma Insurance Code;
ENR. S. B. NO. 933 Page 5
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 dies while being treated by an individualized
investigational treatment, the patient’s heirs are not liable for
any outstanding debt related to the treatment or lack of insurance
due to the 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
ENR. S. B. NO. 933 Page 6
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.
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.
ENR. S. B. NO. 933 Page 7
Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 29th day of April, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________