Right to Try Act: Should Experimental Treatments be Available to Terminally Ill Patients? (S. 204)
Do you support or oppose this bill?
What is S. 204?
(Updated September 30, 2020)
This bill was enacted on May 30, 2018
This bill — known as the Right to Try Act — would allow the use of experimental treatments that haven’t been approved by the Food and Drug Administration (FDA) by terminally ill patients in accordance with state law. Patients would be required to provide written informed consent that they’re aware of possible risks.
No producer, manufacturer, distributor, prescriber, dispenser, possessor, or user of an experimental treatment could be held liable for providing the patient with the with the treatment. No outcome of the treatment could be used by a federal agency reviewing the treatment to delay or otherwise adversely impact the review or approval of the experimental treatment.
The bill’s full title is the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018.
Argument in favor
This bill would give families and individuals access to potentially lifesaving treatments that haven’t been approved by the FDA when they have no alternative. If the patient and physician understand the risks, they should have the right to try experimental treatments.
Argument opposed
This bill is too risky because the FDA and clinical trial process exists to prevent unsafe treatments from being used. Besides, insurers may not pay for it and drug companies may not allow the experimental treatment to be used. It gives patients false hope.
Impact
Terminally ill patients and their physicians; drug companies and insurers; states; and the FDA.
Cost of S. 204
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Senator Ron Johnson (R-WI) offered the following statement after the Senate passed his bill to expand terminally ill patients’ access to experimental treatments:
“By passing the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 today, the Senate took a strong stand in support of the millions of Americans and their families suffering from terminal illnesses. Patients with terminal diseases ought to have a right to access treatments that have demonstrated a level of safety and could potentially save their lives. I’m proud that today, the Senate stood up for terminally ill patients who just want to reclaim their freedom -- who want the right to hope.”
Some academics whose work involves medical ethics and drug development have circulated a letter opposing the bill, writing in part:
“This legislation sells vulnerable patients and families false hope at the expense of weakening the FDA’s critical role in making sure that all Americans can have confidence in the safety and effectiveness of our medical products.”
This legislation passed the Senate unanimously and has the support of 46 cosponsors including 43 Republicans, two Democrats, and an Independent.
Media:
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Senate Homeland Security Committee and Governmental Affairs Press Release
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The Hill
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Washington Examiner
Summary by Eric Revell
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