All Roll Calls
Yes: 602 • No: 128
KansasSB 2502025–2026 Regular SessionSenateWALLET
Enacting the right to try for individualized treatments act to permit a manufacturer to make an individualized investigative treatment available to a requesting patient.
Sponsored By: Committee on Public Health and Welfare
Became Law
house committee on health and human servicessenate committee on public health and welfare
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Personalized treatment access for seriously ill patients
Kansas patients can request experimental drugs, biological products, or devices made only for them using their genetic profile. This includes personalized gene therapies and vaccines. A treating physician must confirm a life-threatening or severely debilitating illness, and patients must consider all FDA-approved options. A Kansas-licensed physician must recommend treatment based on genetic or related biological analysis and document eligibility. Written consent must identify the treatment, explain approved options, and describe likely, best, and worst outcomes—including worsened symptoms or faster death. The patient, or a minor's parent or guardian, signs; the physician and an unaffiliated witness attest. Manufacturers must operate within facilities covered by federal human-subject protection assurances. Manufacturers can offer treatment free or charge manufacturing costs, but do not have to provide it. Kansas state officials, employees, and agents cannot block or try to block eligible patients' access.
Patients bear costs; heirs gain protection
Written consent must state that patients owe all treatment-related expenses; liability extends to their estate unless the manufacturer contract says otherwise. If a patient dies during treatment, heirs do not owe outstanding treatment debts or debts from losing insurance because of treatment. The estate may still owe those debts. The law adds no required insurance coverage or government payment, though health plans, administrators, and government agencies can cover costs. Existing required clinical-trial coverage stays unchanged, and hospitals and licensed facilities need not offer new services they have not approved. Consent must explain that payers and providers need not pay unless law or contract requires it. It must also warn that starting curative treatment may end hospice eligibility; eligibility can return after treatment ends if hospice criteria are met.
Patients control specimen uses and profit agreements
Covered facilities must notify patients or their estates and ask consent for uses of biological samples beyond the patient's personalized treatment. Before profiting from a product developed from a sample, the facility must disclose each potential commercial use and obtain consent. That consent must include profit sharing or another contract that benefits the patient or estate. The law sets no payment amount or sharing formula.
Providers gain protection for treatment recommendations
Kansas licensing boards cannot revoke, suspend, refuse to renew, or otherwise discipline licenses solely for recommending access to or treatment with these products. Entities responsible for Medicare certification cannot act against that certification solely because a provider recommends access. Counseling, advice, and recommendations consistent with medical standards of care do not violate the law. These protections do not require providers to recommend or provide treatment, or require Medicare coverage.
No new lawsuit right for treatment harm
The law creates no private right to sue manufacturers or others involved in care for harm caused by these treatments when they follow the act in good faith and use reasonable care. This concerns the lawsuit right described by the act. It does not say that all other legal claims are barred.
Sponsors & Cosponsors
Sponsor
Committee on Public Health and Welfare
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/23/2026
Yea: 36 Nay: 4
Yes: 36 • No: 4
Senate vote • 4/23/2026
Yea: 9 Nay: 31
Yes: 9 • No: 31
Senate vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
Senate vote • 4/23/2026
Yea: 119 Nay: 3
Yes: 119 • No: 3
Senate vote • 4/23/2026
Yea: 97 Nay: 26
Yes: 97 • No: 26
Senate vote • 3/27/2025
Conference Committee Report was adopted
Yes: 40 • No: 0
House vote • 3/26/2025
Conference Committee Report was adopted
Yes: 119 • No: 3
House vote • 3/19/2025
Emergency Final Action - Passed as amended
Yes: 97 • No: 26
Senate vote • 2/19/2025
Emergency Final Action - Passed
Yes: 36 • No: 4
Senate vote • 2/19/2025
Committee of the Whole - Amendment by Sen. Cindy Holscher was rejected
Yes: 9 • No: 31
Actions Timeline
Enrolled and presented to Governor on Friday, April 4, 2025
4/10/2025SenateWill become law without Governor's signature
4/10/2025SenateConference Committee Report was adopted; Yea 40, Nay 0
3/27/2025SenateConference committee report now available
3/26/2025HouseConference Committee Report was adopted; Yea 119, Nay 3, Absent 3
3/26/2025HouseMotion to accede adopted; Rep. Will Carpenter, Rep. Ron Bryce and Rep. Susan Ruiz appointed as conferees
3/24/2025HouseNonconcurred with amendments; Conference Committee requested; appointed Sen. Beverly Gossage, Sen. William Clifford and Sen. Cindy Holscher
3/20/2025SenateCommittee of the Whole - Committee Report be adopted
3/19/2025HouseCommittee of the Whole - Be passed as amended
3/19/2025HouseMotion to advance to Emergency Final Action adopted
3/19/2025HouseEmergency Final Action - Passed as amended; Yea 97, Nay 26, Absent 2
3/19/2025HouseCommittee Report recommending bill be passed as amended by House Committee on Health and Human Services
3/12/2025HouseHearing: Friday, March 7, 2025, 1:30 PM — Room 112-N
3/7/2025HouseReceived and Introduced
2/20/2025HouseReferred to House Committee on Health and Human Services
2/20/2025HouseCommittee of the Whole - Motion to Amend - Offered by Sen. Cindy Holscher
2/19/2025SenateCommittee of the Whole - Amendment by Sen. Cindy Holscher was rejected; Yea 9, Nay 31
2/19/2025SenateCommittee of the Whole - Be passed
2/19/2025SenateEmergency Final Action - Passed; Yea 36, Nay 4
2/19/2025SenateCommittee Report recommending bill be passed by Senate Committee on Public Health and Welfare
2/17/2025SenateHearing: Friday, February 14, 2025, 8:30 AM — Room 142-S
2/14/2025SenateReferred to Senate Committee on Public Health and Welfare
2/10/2025SenateIntroduced
2/7/2025SenateAllowed to become law without signature; 2025 Kansas session laws, chapter 103
Governor
Bill Text
As Amended by House Committee
As Introduced
Enrolled
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