ALLOWS A MANUFACTURER TO MAKE AVAILABLE TO AN ELIGIBLE TERMINALLY ILL PATIENT A DRUG, BIOLOGICAL PRODUCT OR DEVICE THAT HAS SUCCESSFULLY COMPLETED PHASE ONE OF A CLINICAL TRIAL BUT HAS NOT BEEN APPROVED FOR GENERAL USE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

A "yes" vote shall have the effect of allowing a manufacturer to make available an investigational drug, biological product or device to an eligible terminally ill patient. It exempts a physician from regulatory action based solely on the physician’s recommendation of the drug, product or device to the eligible terminally ill patient and classifies, as a class 1 misdemeanor, any attempt by a state official, employee or agent to block access of the investigational drug, biological product or device to an eligible terminally ill patient.

A "no" vote shall have the effect of retaining the current law regarding the availability of an investigational drug, biological product or device that has not been approved for general use by the United States Food and Drug Administration.