Charlie’s Law (House Bill 810) Explained
House Bill 810, also known as “Charlie’s Law,” allows the use of investigational adult stem cell treatments in Texas for patients that have been diagnosed with a terminal illness or severe chronic disease. Under this legislation, which is known as a “Right to Try” Law, patients suffering from terminal illness or severe chronic disease have the opportunity to utilize experimental stem cell therapy within the state of Texas.
The bill, named after the late Texas State Representative Charlie Howard, was passed unanimously by both the House and Senate of the Texas Legislature on May 11, 2017 after an emotional 11th hour speech by Representative Drew Springer. It was signed into law by Governor Greg Abbott on June 10, 2017 and went into effect on September 1, 2017.
Why is Adult Stem Cell Therapy Legal in Texas but Not in Other States?
The Tenth Amendment, the FDA & HB 810
Because the Constitution does not grant the federal government any authority with regards to regulation of food and drugs, the Tenth Amendment explicitly leaves that power with the individual states.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”–United States Constitution, Tenth Amendment
As such, the FDA has not taken action against drug companies or providers in the 28 states with medical marijuana laws and the 38 states with laws allowing patients who are terminally ill the right to try experimental drugs without FDA approval (under Right to Try Laws), respectively.
Charlie’s Law gives patients with severe chronic diseases or who are terminally ill access to experimental stem cell treatments. By requiring Institutional Review Board (IRB) supervision and the delivery of treatment in a licensed surgical center or hospital, the law serves to protect patients while requiring a high standard of care.
AMBROSE Cell Therapy, in compliance with HB 810, is providing such patients the right-to-try experimental stem cell treatments using ADRCs with the goal to improve symptoms, function and quality of life. Charlie’s Law is a win for patients, their families and the society. We urge more states to follow the lead of the great State of Texas.
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