[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2140

  To permit an individual to be treated by a health care practitioner 
with any method of medical treatment such individual requests, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 16), 1994

   Mr. Daschle (for himself, Mr. Harkin, Mr. Pell, Mr. Grassley, Mr. 
 Hatfield, and Mr. DeConcini) introduced the following bill; which was 
 read twice and referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To permit an individual to be treated by a health care practitioner 
with any method of medical treatment such individual requests, and for 
                            other purposes.

    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 ``Access to Medical Treatment Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Advertising or labeling claims.--The term ``advertising 
        or labeling claims'' means any representations made or 
        suggested by statement, word, design, device, sound, or any 
        combination thereof with respect to treatment, including a 
        representation made or suggested by a label.
            (2) Danger.--The term ``danger'' means any serious negative 
        reaction that--
                    (A) occurred as a result of a method of treatment;
                    (B) would not otherwise have occurred; and
                    (C) is more serious than reactions frequently 
                experienced with accepted treatments for the same or 
                similar health problems.
            (3) Device.--The term ``device'' has the same meaning given 
        such term in section 201(h) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321(h)).
            (4) Drug.--The term ``drug'' has the same meaning given 
        such term in section 201(g)(1) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321(g)(1)).
            (5) Food.--The term ``food'' has the same meaning given 
        such term in section 201(f) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321(f)).
            (6) Health care practitioner.--The term ``health care 
        practitioner'' means any properly licensed medical doctor, 
        osteopath, chiropractor, or naturopath.
            (7) Label.--The term ``label'' has the same meaning given 
        such term in section 201(k) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321(k)).
            (8) Legal representative.--The term ``legal 
        representative'' means a parent or an individual who qualifies 
        as a legal guardian under State law.
            (9)  Treatment.--The term ``treatment'' means the use of 
        any food, drug, device, or procedure.

SEC. 3. ACCESS TO MEDICAL TREATMENT.

    (a) In General.--Notwithstanding any other provision of law, and 
except as provided in subsection (b), an individual shall be permitted 
to be treated by a health care practitioner with any method of medical 
treatment that such individual desires or the legal representative of 
such individual authorizes if--
            (1) such practitioner agrees to treat such individual; and
            (2) the administration of such treatment falls within the 
        scope of the practice of such practitioner.
    (b) Treatment Requirements.--A health care practitioner may provide 
any method of treatment to an individual described in subsection (a) 
if--
            (1) there is no evidence that such treatment itself, when 
        taken as prescribed, is a danger to such individual;
            (2) in the case of an individual whose treatment is the 
        administration of a food, drug, or device that has not been 
        approved by the Food and Drug Administration--
                    (A) such individual has been informed that such 
                food, drug, or device has not yet been approved or 
                certified by the Food and Drug Administration for use 
                of the medical condition of such individual; and
                    (B) such food, drug, or device (or information 
                accompanying the administration of such food, drug, or 
                device) contains the following warning:
                            ``WARNING: This food, drug, or device has 
                        not been proved safe and effective by the 
                        Federal Government and any individual who uses 
                        such food, drug, or device, does so at his or 
                        her own risk.'';
            (3) such individual has been informed of the nature of the 
        treatment, including--
                    (A) the contents of such treatment;
                    (B) any reasonably foreseeable side effects that 
                may result from such treatment; and
                    (C) the results of past applications of such 
                treatment by the health care practitioner and others;
            (4) except as provided in subsection (c), there have been 
        no claims, including advertising and labeling claims, made with 
        respect to the efficacy of such treatment; and
            (5) such individual--
                    (A) has been provided a written statement that such 
                individual has been fully informed with respect to the 
                information described in paragraphs (1) through (4);
                    (B) desires such treatment; and
                    (C) signs such statement.
    (c) Claim Exceptions.--Subsection (b)(4) shall not apply to an 
accurate and truthful reporting by a practitioner of the results of the 
practitioner's administration of a treatment in recognized journals or 
at seminars, conventions, or similar meetings, if the only financial 
gain of such practitioner with respect to such treatment is the payment 
received from an individual or representative of such individual for 
the administration of such treatment to such individual.

SEC. 4. REPORTING OF A DANGEROUS TREATMENT.

    If a practitioner, after administering such treatment, discovers 
that the treatment itself (when taken as prescribed) was a danger to 
the individual receiving the treatment, the practitioner shall 
immediately report to the Secretary of Health and Human Services the 
nature of the treatment, the results of such treatment, the complete 
protocol of such treatment, and the source from which such treatment or 
any part thereof was obtained.

SEC. 5. TRANSPORTATION OF MEDICATION AND EQUIPMENT.

    Notwithstanding any other provision of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 201 et seq.), a person may introduce or deliver 
into interstate commerce medication or equipment for use in accordance 
with this Act.

SEC. 6. RESTRICTIONS ON LICENSING BOARDS.

    A licensing board that issues licenses to health care practitioners 
may not deny, suspend, or revoke the license of a health care 
practitioner solely because such practitioner provides treatment to 
which section 3 applies.

SEC. 7. PENALTY.

    A health care practitioner who violates any provisions under this 
Act shall not be covered by the protections under this Act and shall be 
subject to all other applicable laws and regulations.

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