[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[Senate]
[Pages S9422-S9423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Hatch, Mr. Inouye, Mr. Grassley, 

        and Mr. Daschle):

  S. 1410. 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; to the Committee on Health, 

Education, Labor, and Pensions.

  Mr. HARKIN. Mr. President. Today, I am introducing legislation 

called, ``The Access to Medical Treatment Act, AMTA'', on behalf of 

myself and my colleagues, Senators Hatch, Inouye, Grassley, and 

Daschle.

  This legislation is important for thousands of Americans who suffer 

from illness or disease for which conventional medical treatments offer 

little or no promise of cure or relief.





[[Page S9423]]



Many Americans are plagued with the hopelessness of debilitating pain 

caused by illness. For some of these patients, non-conventional 

treatments could offer much needed relief. Thousands of other Americans 

live with potentially fatal diseases that are unresponsive to 

traditional medical treatments. Increasing the options for treatment by 

utilizing unconventional therapy could provide newfound hope for 

lifesaving results.

  AMTA addresses limits placed on unconventional medical care and would 

allow Americans access to many promising, even proven, treatments that 

are currently restricted. For example, the bill would lift some 

restrictions on treatments that have been approved and used in other 

countries. The bill would also allow access for many additional 

patients to drugs or therapies otherwise available through the Food and 

Drug Administration, FDA, human clinical trials.

  This legislation establishes parameters for the use of such non-

conventional therapies. A health care practitioner may provide the 

medical treatment requested by a patient under certain guidelines. 

First, the health care practitioner must personally examine the 

patient, the treatment must be within the practitioner's appropriate 

range of practice, it must not violate any existing licensing laws, and 

the treatment must comply with the Controlled Substances Act. Next, 

there must be no reason for the practitioner to conclude that the 

treatment will cause danger to the patient. The patient must be 

informed, in writing, of the contents and methods of treatment, its 

possible side effects, anticipated benefits, results of prior use of 

treatment on other patients, and any other information necessary to 

fully meet the requirements for informed consent of human subjects in 

FDA regulations.

  I believe we have some of the best medicine, technology, and health 

care providers in the United States. However, there are vast amounts of 

information yet to be learned on disease and treatment. We must not 

allow ourselves to be exclusively, perhaps, myopically, focused on 

traditional forms of treatment when some Americans find no relief from 

them. Those with debilitating pain and disease should have access to 

new options for relief, especially when conventional treatments fail.

  We owe it to the American people to engage in this crucial discussion 

on access to non-conventional forms of medical treatments. There are 

many questions that need to be addressed. We must begin to address them 

by exploring the new and innovative forms of therapy that exist, and by 

engaging in an educated dialogue on this issue.

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