Legislative declaration

(1) For purposes of this part 1, the general assembly finds and declares that: (a) The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the process often takes many years; (b) Patients who have a terminal illness do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the United States food and drug administration; (c) Patients who have a terminal illness have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; (d) The use of available investigational drugs, biological products, and devices is a decision that should be made by the patient with a terminal illness in consultation with the patient's health-care provider and the patient's health-care team, if applicable; and (e) The decision to use an investigational drug, biological product, or device should be made with full awareness of the potential risks, benefits, and consequences to the patient and the patient's family. (2) It is the intent of the general assembly for this part 1 to allow for terminally ill patients to use potentially life-saving investigational drugs, biological products, and devices.