1. Short title This Act may be cited as the Compassionate Freedom of Choice Act of 2017 . 2. Drugs and devices for use by terminally ill patients The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 561 ( 21 U.S.C. 360bbb ) the following: 561A. Drugs and devices for use by terminally ill patients (a) In general Nothing in this Act or section 351 of the Public Health Service Act prevents or restricts, and the Food and Drug Administration shall not implement or enforce any provision of law preventing or restricting, the manufacture, importation, distribution, or sale of an investigational drug or device intended for use by a terminally ill patient in accordance with subsection (b). (b) Patient requirements In order for an investigational drug or device to be intended for use in accordance with this subsection, such drug or device must be intended for use by a patient who has— (1) been diagnosed with a terminal illness by a licensed physician; (2) been informed by a licensed physician that no drug or device that is lawfully marketed in the United States is likely to cure the illness; and (3) executed a written informed consent document that states— (A) the known and potential risks and benefits of such drug or device; and (B) any indications of the illness for which a drug or device is lawfully marketed, or for which treatment is otherwise available, in the United States. (c) Prohibition on requiring the disclosure, collection, and reporting of certain information by Food and Drug Administration (1) In general The Commissioner of Food and Drugs may not require the disclosure, collection, or reporting of— (A) any information related to the delivery, administration, or use of an investigational drug or device pursuant to this section