ColoradoHB25-12702025 Regular SessionHouseWALLET

Patients' Right to Try Individualized Treatments

Sponsored By: Barbara Kirkmeyer (Republican), Lindsay Gilchrist (Democratic), Lindsey Daugherty (Democratic), Rose Pugliese

Signed by Governor

Health Care & Health InsuranceProfessions & Occupations

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Heirs protected from unpaid treatment debt

If a patient dies while receiving an individualized experimental drug, biological product, or device, heirs do not owe related unpaid debt. This includes treatment costs caused by a lack of insurance coverage. The law sets no dollar limit on this protection.

Patients gain treatment access, but face costs

Colorado allows patients with life-threatening or severely debilitating illnesses to request experimental treatments made specifically for their genetic profile. A doctor must confirm eligibility, recommend treatment, and document that all FDA-approved options were considered. Written informed consent is required, with parent or guardian consent for minors under 18. Consent must identify the treatment, explain approved alternatives, and state that approved treatments likely will not prolong life. It must explain best and worst outcomes, new side effects, possible hospice consequences, and possible denial of in-home care. Manufacturers must operate within eligible facilities covered by federal human-subject protections and follow federal law. They can refuse requests, provide treatment free, or charge manufacturing and related costs. The law adds no insurance coverage requirement and preserves existing coverage obligations for clinical trials. Consent must explain payer obligations and the patient's responsibility for expenses unless a contract says otherwise. State officials cannot block or attempt to block eligible patients' access; providers can still give advice that meets medical standards. The detailed treatment program took effect immediately.

Providers protected for recommending personalized treatments

Colorado licensing boards cannot penalize providers solely for recommending access to or treatment with an individualized experimental product. The recommendation must concern an eligible patient and meet medical standards of care. The law also bars revoking or conditioning Medicare certification solely for such a recommendation. These protections do not guarantee that a patient receives treatment.

No new lawsuit right for patients

The law creates no new private right to sue for harm caused by an individualized experimental treatment. This limit applies when manufacturers or others involved made a good-faith effort to follow the law and used reasonable care. It does not bar every treatment-related claim.

Sponsors & Cosponsors

Sponsors

  • Barbara Kirkmeyer

    Republican • Senate

  • Lindsay Gilchrist

    Democratic • House

  • Lindsey Daugherty

    Democratic • Senate

  • Rose Pugliese

    Affiliation unavailable

Cosponsors

  • Andrew Boesenecker

    Democratic • House

  • Brandi Bradley

    Republican • House

  • Bob Marshall

    Democratic • House

  • Brianna Titone

    Democratic • House

  • Carlos Barron

    Republican • House

  • Chad Clifford

    Democratic • House

  • Cecelia Espenoza

    Democratic • House

  • Dusty Johnson

    Republican • House

  • Eliza Hamrick

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jarvis Caldwell

    Republican • House

  • Jamie Jackson

    Democratic • House

  • Julie McCluskie

    Democratic • House

  • Karen McCormick

    Democratic • House

  • Katie Stewart

    Democratic • House

  • Lisa Feret

    Democratic • House

  • Lori Garcia Sander

    Republican • House

  • Lorena Garcia

    Democratic • House

  • Monica Duran

    Democratic • House

  • Meg Froelich

    Democratic • House

  • Mandy Lindsay

    Democratic • House

  • Matthew Martinez

    Democratic • House

  • Manny Rutinel

    Democratic • House

  • Regina English

    Democratic • House

  • Ryan Gonzalez

    Republican • House

  • Rebecca Keltie

    Republican • House

  • Rick Taggart

    Republican • House

  • Ron Weinberg

    Republican • House

  • Rep. S. Bird

    Affiliation unavailable

  • Sean Camacho

    Democratic • House

  • Sheila Lieder

    Democratic • House

  • Tammy Story

    Democratic • House

  • Ty Winter

    Republican • House

  • Byron Pelton

    Republican • Senate

  • Cathy Kipp

    Democratic • Senate

  • Cleave Simpson

    Republican • Senate

  • Dafna Michaelson Jenet

    Democratic • Senate

  • Dylan Roberts

    Democratic • Senate

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Lisa Frizell

    Republican • Senate

  • Marc Catlin

    Republican • Senate

  • Nick Hinrichsen

    Democratic • Senate

  • Scott Bright

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 118 • No: 0

Senate vote • 4/14/2025

Third reading: Bill

Yes: 33 • No: 0

Senate vote • 4/10/2025

Refer House Bill 25-1270 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Yes: 9 • No: 0

House vote • 3/14/2025

Third reading: Bill

Yes: 64 • No: 0

House vote • 3/5/2025

Refer House Bill 25-1270 to the Committee of the Whole.

Yes: 12 • No: 0

Actions Timeline

  1. Governor Signed

    5/19/2025House
  2. Sent to the Governor

    5/2/2025House
  3. Signed by the Speaker of the House

    5/1/2025House
  4. Signed by the President of the Senate

    5/1/2025Senate
  5. Senate Third Reading Passed - No Amendments

    4/14/2025Senate
  6. Senate Second Reading Special Order - Passed - No Amendments

    4/11/2025Senate
  7. Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole

    4/10/2025Senate
  8. Introduced In Senate - Assigned to Health & Human Services

    3/19/2025Senate
  9. House Third Reading Passed - No Amendments

    3/14/2025House
  10. House Second Reading Special Order - Passed - No Amendments

    3/13/2025House
  11. House Second Reading Laid Over Daily - No Amendments

    3/10/2025House
  12. House Committee on Health & Human Services Refer Unamended to House Committee of the Whole

    3/5/2025House
  13. Introduced In House - Assigned to Health & Human Services

    2/18/2025House

Bill Text

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