I 
111TH CONGRESS 
1ST SESSION H. R. 3261 
To permit an individual to be treated by a health care practitioner with 
any method of medical treatment such individual requests, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2009 
Mr. BURTON of Indiana introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To permit an individual to be treated by a health care 
practitioner with any method of medical treatment such 
individual requests, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Medical 
Treatment Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVERTISING
CLAIM.—The term ‘‘adver-
tising claim’’ means any representation made or sug-
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gested by statement, word, design, device, sound, or 
any combination thereof with respect to a medical 
treatment. 
(2) DANGER.—The term ‘‘danger’’ means an 
adverse reaction to an unapproved drug or medical 
device that, when used as directed— 
(A) causes serious harm; 
(B) occurred as a result of the medical 
treatment; 
(C) would not otherwise have occurred; 
and 
(D) is more serious than reactions experi-
enced with routinely used medical treatments 
approved by the Food and Drug Administration 
for the same medical condition or conditions. 
(3) DEVICE.—The term ‘‘device’’ has the mean-
ing given such term in section 201(h) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). 
(4) DRUG.—The term ‘‘drug’’ has the meaning 
given such term in section 201(g)(1) of the Federal 
Food, 
Drug, 
and 
Cosmetic 
Act 
(21 
U.S.C. 
321(g)(1)). 
(5) FOOD.—The term ‘‘food’’— 
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(A) has the meaning given such term in 
section 201(f) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321(f)); and 
(B) includes a dietary supplement as de-
fined in section 201(ff) of such Act. 
(6) HEALTH CARE PRACTITIONER.—The term 
‘‘health care practitioner’’ means a physician or 
other individual who is legally authorized to provide 
health care services in the State in which the serv-
ices are provided. 
(7) INTERSTATE COMMERCE.—The term ‘‘inter-
state commerce’’ means commerce between any 
State or territory and any place outside thereof, and 
commerce within the District of Columbia or within 
any other territory not organized with a legislative 
body. 
(8) LABEL.—The term ‘‘label’’ has the meaning 
given such term in section 201(k) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)). 
(9) LABELING.—The term ‘‘labeling’’ has the 
meaning given such term in section 201(m) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321(m)). 
(10) 
LEGAL
REPRESENTATIVE.—The 
term 
‘‘legal representative’’ means a parent or an indi-
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vidual who qualifies as a legal guardian under appli-
cable State law. 
(11) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given the term ‘‘device’’ in 
section 201(h) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321(h)). 
(12) MEDICAL TREATMENT.—The term ‘‘med-
ical treatment’’ means any food, drug, device, or 
procedure that is used and intended as a cure, miti-
gation, treatment, or prevention of disease or a 
health condition. 
(13) PATIENT.—The term ‘‘patient’’ means any 
individual who seeks medical treatment from a 
health care practitioner for a disease or health con-
dition. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(15) SELLER.—The term ‘‘seller’’ means an in-
dividual or organization that receives payment re-
lated to the medical treatment of a patient of a 
health practitioner, except that this term does not 
apply to a health care practitioner who receives pay-
ment from an individual or representative of such in-
dividual for the administration of a medical treat-
ment to such individual. 
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