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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.

","official_title":"A bill to authorize the use of unapproved medical products by patients diagnosed with a terminal illness in accordance with State law, and for other purposes.","short_title":"Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017","popular_title":null,"short_summary":"Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017\n\n(Sec.2)This bill amends the Federal Food, Drug, and Cosmetic Act to exempt, from specified requirements and restrictions under that Act and other laws, the provision of certain unapproved, investigational drugs to a terminally ill patient who has exhausted approved treatment options and is unable to participate in a clinical trial involving the drugs. The manufacturer or sponsor of an eligible investigational drug must report annually to the Food and Drug Administration (FDA) on any use of the drug in accordance with these provisions. The FDA shall post an annual summary report of such use on its website.\n\nThe bill limits the liability of a sponsor, manufacturer, prescriber, or dispenser that provides, or declines to provide, an eligible investigational drug to an eligible patient in accordance with the bill.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Terminally ill patients and their physicians; drug companies and insurers; states; and the FDA.","argument_for":"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_against":"This bill is too risky because the FDA and clinical trial process exists to prevent unsafe treatments from being used. 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Right to Try Act: Should Experimental Treatments be Available to Terminally Ill Patients?