--- title: SB 72. "Hope for Georgia Patients Act"; enact collection: bills id: 2025-2026/sb72 cite_as: SB 72, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb72 md_url: https://georgiacommons.org/bills/2025-2026/sb72.md text_url: https://georgiacommons.org/bills/2025-2026/sb72/text source_url: https://www.legis.ga.gov/legislation/69767 date: 2025-05-12 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb71.md next: https://georgiacommons.org/bills/2025-2026/sb73.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 993 omitted_url: https://georgiacommons.org/bills/2025-2026/sb72.md?full=1 bill_number: SB 72 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-12 last_action: Effective Date 2025-07-01 sponsors: - Matt Brass - Kay Kirkpatrick - Greg Dolezal - Brian Strickland - Larry Walker - John Albers - Carden Summers - Ricky Williams - Randy Robertson - Colton Moore - Chuck Hufstetler - Russ Goodman - Drew Echols - Blake Tillery - Bo Hatchett - Lee Hawkins text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB72/2025 upstream_id: 1952861 summaries_model: claude-sonnet-5 topic_tags: - right to try - medical treatment access - gene therapy - patient rights - health insurance coverage --- # SB 72. "Hope for Georgia Patients Act"; enact ## Text 25 SB 72/AP Senate Bill 72 By: Senators Brass of the 6th, Kirkpatrick of the 32nd, Dolezal of the 27th, Strickland of the 42nd, Walker III of the 20th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 52 of Title 31 of the Official Code of Georgia Annotated, relating to1 terminally ill patient's right to try investigational drugs, biological products, and devices, so2 as to expand access to individualized investigational treatment s to patients who have 3 severely debilitating or life-threatening illnesses; to provide for definitions; to provide for4 eligibility criteria; to provide for written informed consent; to allow certain manufacturers5 or eligible facilities to make available individualized investigational treatments; to provide6 that coverage is not mandatory; to prohibit the sanctions again st a physician's license; to7 provide exemption to liability for certain charges; to provide for statutory construction; to8 provide for related matters; to provide for a short title; to r epeal conflicting laws; and for9 other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Hope for Georgia Patients Act."13 S. B. 72 - 1 - 25 SB 72/AP SECTION 2.14 Chapter 52 of Title 31 of the Official Code of Georgia Annotated, relating to terminally ill15 patient's right to try investigational drugs, biological products, and devices, is amended by16 designating Code Sections 31-52-1 through 31-52-10, the "Georgi a Right to Try Act," as17 Article 1.18 SECTION 3.19 Said chapter is further amended by replacing "chapter" with "article" wherever the former20 appears in:21 (1) Code Section 31-52-1, relating to short title;22 (2) Code Section 31-52-4, relating to eligibility criteria; 23 (3) Code Section 31-52-6, relating to manufacturers permitted to make investigational24 drugs, biological products, or devices available;25 (4) Code Section 31-52-7, relating to coverage under health benefit plan permitted but not26 required;27 (5) Code Section 31-52-8, relating to physician immunity from sanction for28 recommending, prescribing, or treating with investigational drugs, biological products, or29 devices; and30 (6) Code Section 31-52-10, relating to statutory construction.31 SECTION 4.32 Said chapter is further amended by revising Code Section 31-52-3, relating to definitions, as33 follows:34 "31-52-3.35 As used in this chapter article, the term:36 (1) 'Eligible patient' means a person who meets the requiremen ts of Code37 Section 31-52-4.38 S. B. 72 - 2 - 25 SB 72/AP (2) 'Investigational drug, biological product, or device' means a drug, biological product,39 or device which has successfully completed Phase I of a federal Food and Drug40 Administration approved clinical trial but has not yet been approved for general use by41 the federal Food and Drug Administration and currently remains under investigation in42 a federal Food and Drug Administration approved clinical trial.43 (3) 'Physician' means a person licensed to practice medicine p ursuant to Article 2 of44 Chapter 34 of Title 43.45 (4) 'Terminal illness' means a disease that, without life-sustaining procedures, will result46 in death in the near future and is not considered by a treating physician to be reversible47 even with administration of current federal Food and Drug Administration approved and48 available treatments.49 (5) 'Written informed consent' means a written document that:50 (A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or health51 care healthcare agent designated by the patient in an advance directive for health care52 healthcare executed pursuant to Chapter 32 of Title 31 this title;53 (B) Is attested to by the patient's physician and a witness; and54 (C) Meets the requirements of Code Section 31-52-5."55 SECTION 5.56 Said chapter is further amended by adding a new article to read as follows:57 "ARTICLE 258 31-52-20.59 As used in this article, the term:60 (1) 'Eligible facility' means an institution that is currently operating under the61 Federalwide Assurance for the Protection of Human Subjects unde r 42 U.S.C.62 S. B. 72 - 3 - 25 SB 72/AP Section 289(a) and 45 C.F.R. Part 46 and is subject to federal laws, regulations, policies,63 and guidelines, including renewals and updates.64 (2) 'Eligible patient' means a person who meets the requiremen ts of Code65 Section 31-52-21.66 (3) 'Individualized investigational treatment' means a drug, biological product, or device67 that is unique to and produced exclusively for an individual patient based on his or her68 own genetic profile. Such term includes, but is not limited to , individualized gene69 therapy, individualized investigational antisense oligonucleoti des, and individualized70 neoantigen vaccines or individualized neoantigen therapy. Such term includes any drug,71 biological product, or device derived from human perinatal tiss ues, cells, and secreted72 factors, provided that such substances are not obtained from an abortion. Such term does73 not include any drug, biological product, or device derived fro m human primary or74 secondary embryonic stem cells or cell lines.75 (4) 'Life-threatening illness' means a disease or condition where the likelihood of death76 is high unless the course of the disease is interrupted or a di sease or condition with a77 potentially fatal outcome, where the end point of clinical trial analysis is survival. Such78 term shall not include the natural process of aging.79 (5) 'Manufacturer' means a person or entity engaged in the man ufacturing of80 individualized investigational treatments in an eligible facility.81 (6) 'Physician' means a person licensed to practice medicine p ursuant to Article 2 of82 Chapter 34 of Title 43.83 (7) 'Severely debilitating illness' means a disease or conditi on that causes major84 irreversible morbidity.85 (8) 'Written informed consent' means a written document that:86 (A) Is signed by the patient; parent, if the patient is a mino r; legal guardian; or87 healthcare agent designated by the patient in an advance direct ive for healthcare88 executed pursuant to Chapter 32 of this title;89 S. B. 72 - 4 - 25 SB 72/AP (B) Is attested to by the patient's physician and a witness; and90 (C) Meets the requirements of Code Section 31-52-22.91 31-52-21.92 I n o r d e r f o r a p e r s o n t o b e c o n s i d e r e d a n e l i g i b l e p a t i e n t t o access an individualized93 investigational treatment pursuant to this article, a physician must document in writing that94 the person:95 (1) Has a life-threatening or severely debilitating illness;96 (2) Has, in consultation with the physician, considered all ot her treatment options97 currently approved by the United States Food and Drug Administration;98 (3) Has been given a recommendation by the physician for an in dividualized99 investigational treatment based on an analysis of such patient's genomic sequence, human100 chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, ge ne products such as101 enzymes and other types of proteins, or metabolites; and102 (4) Has given written informed consent for the use of the individualized investigational103 treatment.104 31-52-22.105 Written informed consent shall, at a minimum, include the following:106 (1) A description of the currently approved products and treat ments for the 107 life-threatening or severely debilitating illness from which the patient suffers;108 (2) An attestation that the patient concurs with his or her physician in believing that all109 currently approved and conventionally recognized treatments are unlikely to prolong the110 patient's life, and the known risks of the individualized investigational treatment are not111 greater than the probable outcome of the patient's illness;112 (3) Clear identification of the specific proposed individualized investigational treatment113 that the patient is seeking to use;114 S. B. 72 - 5 - 25 SB 72/AP (4) A description of the potential best and worst outcomes of using the individualized115 investigational treatment and a realistic description of the mo st likely outcome. The116 description shall include the possibility that new, unanticipat ed, different, or worse117 symptoms might result and that death could be hastened by the proposed treatment. The118 description shall be based on the physician's knowledge of the proposed treatment in119 conjunction with an awareness of the patient's condition;120 (5) A statement that the patient understands that his or her h ealth benefit plan or121 third-party administrator is not obligated to pay for the indiv idualized investigational122 treatment, or any care or treatment consequent to the use of such treatment, unless such123 health benefit plan or third-party administrator is specifically required to do so by law or124 contract;125 (6) A statement that the patient understands that his or her e ligibility for hospice care126 may be withdrawn if he or she begins treatment with the individualized investigational127 treatment but that such hospice care may be reinstated if such treatment ends and he or128 she meets hospice eligibility requirements; and129 (7) A statement that the patient understands that he or she is liable for all expenses130 consequent to the use of the individualized investigational tre atment and that such131 liability extends to the patient's estate, unless a contract be tween the patient and the132 manufacturer of the individualized investigational treatment states otherwise, except as133 provided for in Code Section 31-52-27.134 31-52-23.135 (a) A manufacturer or an eligible entity may make available an individualized136 investigational treatment to an eligible patient, and an eligib le patient may request such137 treatment from such manufacturer or facility pursuant to this article; provided, however,138 that nothing in this article shall be construed to require that such manufacturer or facility139 make available such treatment to such patient.140 S. B. 72 - 6 - 25 SB 72/AP (b) A manufacturer or an eligible facility may provide an indi vidualized investigational141 treatment to an eligible patient:142 (1) Without receiving compensation; or143 (2) With the requirement that the eligible patient pays the costs of or the costs associated144 with the manufacture of the individualized investigational treatment.145 31-52-24.146 (a) A health benefit plan or governmental agency may provide coverage for the cost of any147 individualized investigational treatment pursuant to this artic le; provided, however, that148 nothing in this article shall be construed to require a health benefit plan or governmental149 agency to provide coverage for the cost of any individualized investigational treatment or150 related cost of services associated with the use, care, or trea tment of an eligible patient151 associated with such individualized investigational treatment pursuant to this article.152 (b) A hospital or other healthcare facility is not required to provide new or additional153 services associated with any individualized investigational treatment unless approved by154 such hospital or facility.155 31-52-25.156 (a) The Georgia Composite Medical Board shall not revoke, susp end, sanction, fail to157 renew, or take any other action against a physician's license s olely based on such158 physician's recommendation, prescription, or treatment of an el igible patient with an159 individualized investigational treatment pursuant to this article.160 (b) The Department of Community Health shall not take action a gainst a healthcare161 provider's Medicare certification based solely on such provider's recommendation that an162 eligible patient have access to an individualized investigational treatment.163 S. B. 72 - 7 - 25 SB 72/AP 31-52-26.164 No official, employee, or agent of the state shall block or att empt to block an eligible165 patient's access to an individualized inve stigational treatment. Counseling, advice, or a166 recommendation for treatment consistent with medical standards of care shall not be167 construed as a violation of this Code section.168 31-52-27.169 (a) This article shall not be construed to create a private ca use of action against a170 manufacturer, eligible facility, or any other person or entity involved in the care of an171 eligible patient using any individualized investigational treat ment for any harm done to172 such patient resulting from the individualized investigational treatment if such173 manufacturer, facility, person, or entity complied in good faith with the terms of this article174 and exercised reasonable care.175 (b) This article shall not be construed to create a private cause of action against a physician176 who refuses to recommend an individualized investigational treatment for any otherwise177 eligible patient.178 (c) Any person or entity involved in the care of an eligible patient using an individualized179 investigational treatment shall not be liable for injury or death to such patient as a result of180 such treatment under Code Section 51-1-27 or Chapter 4 of Title 51, unless it is shown that181 the person or entity failed to obtain written informed consent in compliance with Code182 Section 31-52-22.183 (d) This article shall not be construed to affect any required healthcare coverage under184 Title 33 for patients in clinical trials.185 (e) If an eligible patient's death is proximately caused by an individualized investigational186 treatment, such patient's estate, heirs, or devisees are not liable for any debt remaining after187 payment by insurance for charges directly incurred for such treatment; provided, however,188 that this subsection does not provide an exemption to liability f o r c h a r g e s f o r189 S. B. 72 - 8 - 25 SB 72/AP nonexperimental treatments provided to the patient, including nonexperimental treatments190 rendered to the patient due to complications or consequences of the individualized191 investigational treatment."192 SECTION 6.193 All laws and parts of laws in conflict with this Act are repealed.194 S. B. 72 - 9 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 72, the "Hope for Georgia Patients Act," expands Georgia's existing right-to-try law so patients with severe or life-threatening illnesses can seek individualized, genetically tailored experimental treatments outside of standard FDA-approved options. ### Plain-language summary Georgia already has a "Right to Try" law letting terminally ill patients access certain investigational drugs. This bill builds a new article onto that law aimed specifically at individualized investigational treatments, meaning drugs, biological products, or devices made just for one patient based on their own genetic makeup, such as personalized gene therapy or cancer vaccines. The bill lays out who qualifies (patients with a life-threatening or severely debilitating illness who have tried FDA-approved options and gotten a physician recommendation), what informed consent must cover, and how manufacturers or specialized research facilities may provide these treatments, with or without charging the patient. It says insurers and hospitals are not required to cover or provide these treatments, protects physicians from having their medical license punished for recommending them, and limits lawsuits against manufacturers, facilities, and physicians who act in good faith. It also relieves a deceased patient's estate of leftover treatment debt in certain cases. The existing right-to-try statute is reorganized into Article 1, with this new material becoming Article 2. ### What it does - Reorganizes Georgia's existing "Right to Try Act" (O.C.G.A. Chapter 52 of Title 31) into Article 1 and adds a new Article 2 for individualized investigational treatments. - Defines eligibility for patients with a life-threatening or severely debilitating illness who have tried FDA-approved treatments and received a physician's recommendation for a genetically based treatment. - Sets minimum requirements for written informed consent, including disclosure of risks, lack of guaranteed insurance coverage, and effects on hospice eligibility. - Allows manufacturers or eligible research facilities to provide these treatments to patients for free or for a fee, but does not require them to do so. - Bars the Georgia Composite Medical Board from punishing a physician's license solely for recommending or prescribing such a treatment, and bars the Department of Community Health from acting against a provider's Medicare certification on that basis. - Limits lawsuits against manufacturers, facilities, and physicians who act in good faith, and relieves a deceased patient's estate of remaining treatment debt in certain circumstances. ### Who it affects Patients with life-threatening or severely debilitating illnesses, their physicians, drug and biological product manufacturers, specialized research facilities, hospitals and other healthcare providers, health insurers and third-party administrators, the Georgia Composite Medical Board, and the Department of Community Health. ### Why it matters Patients who have exhausted FDA-approved treatments could pursue personalized, genetically tailored experimental therapies without their doctor risking license discipline, but insurers and hospitals would not be required to pay for or support these treatments, so patients could bear significant costs themselves. ### Key provisions - Section 1 names the bill the "Hope for Georgia Patients Act." - Section 2 and 3 reorganize the current right-to-try statute (O.C.G.A. §§ 31-52-1 through 31-52-10) into "Article 1" and update internal wording from "chapter" to "article." - Section 4 revises definitions in O.C.G.A. § 31-52-3, including updated healthcare directive references. - Section 5 adds new Article 2 (O.C.G.A. §§ 31-52-20 through 31-52-27), defining individualized investigational treatment, eligibility, informed consent requirements, manufacturer and facility roles, insurance non-mandates, physician license protections, anti-blocking of patient access, and liability limits. - O.C.G.A. § 31-52-25 protects physicians from Medical Board sanctions and healthcare providers from Medicare certification action for recommending these treatments. - O.C.G.A. § 31-52-27 limits private lawsuits against manufacturers, facilities, and physicians acting in good faith, and excuses a deceased patient's estate from remaining treatment debt, except for nonexperimental care costs. - Section 6 repeals conflicting laws. ## Status - Status: Passed (2025-05-12) - Last action: Effective Date 2025-07-01 (2025-05-12) - Sponsors: Matt Brass, Kay Kirkpatrick, Greg Dolezal, Brian Strickland, Larry Walker, John Albers, Carden Summers, Ricky Williams, Randy Robertson, Colton Moore, Chuck Hufstetler, Russ Goodman, Drew Echols, Blake Tillery, Bo Hatchett, Lee Hawkins - Official page: https://www.legis.ga.gov/legislation/69767 > The history, votes, and amendments (993 characters) are at https://georgiacommons.org/bills/2025-2026/sb72.md?full=1