Out-Law News 1 min. read

Medical Innovation Bill to be scrutinised by MPs


UK MPs have begun scrutinising legislative plans which seek to provide doctors with greater freedom to trial new treatments on patients.

The Medical Innovation Bill, which promotes "responsible innovation" by doctors in line with a range of safeguards and conditions, has already been read three times in the House of Lords and passed through the Lords committee and report stages too.

The Bill was presented before the House of Commons for the first time on Monday.

According to the latest draft of the Bill, it would not be negligent for a doctor to "depart from the existing range of accepted medical treatments for a condition if the decision to do so is taken responsibly".

To be said to be acting responsibly, doctors would be required to consult with and "take full account of" the views of "appropriately qualified doctors in relation to the proposed treatment", obtain legal consents to carry out the treatment as well as consider a range of other issues.

In particular, doctors would have to consider patient options or requests and the risks and benefits of the proposed treatment and those of the accepted medical treatments for the condition, as well as of not carrying out any of those treatments at all. Doctors would also have to consider "any other matter that it is necessary for the doctor to consider in order to reach a clinical judgement".

Doctors engaging in 'responsible innovation' would be required to adhere to "any professional requirements" to register the treatment "with a scheme for capturing the results of innovative treatment" and take additional steps where necessary to ensure that decisions taken to proceed with alternative treatments are taken "in a way which is accountable and transparent".

The Bill does not apply to treatments carried out for medical research purposes or "solely for cosmetic purposes" and doctors would be obliged to carry out treatment only if it is in "the best interests of the patient".

The next reading of the Bill in the Commons is scheduled for 27 February.

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