A bill for an act relating to the right to try Act.(See SF 2323.)
The legislation is expected to significantly impact state laws governing patient rights and the availability of experimental medical treatments. By allowing patients with severe health conditions better access to investigational treatments, it could encourage more pharmaceutical companies to develop innovative therapies. However, the act does not compel insurance providers to cover these treatments, meaning patients may face substantial out-of-pocket costs. It is crucial for the law to strike a balance between patient access and the safety and ethics surrounding unregulated medical treatments.
Senate Study Bill 3170, known as the Right to Try Act, seeks to enhance the rights of patients with terminal or severely debilitating illnesses to access investigational drugs, biological products, or devices that have not yet been fully approved by the FDA. This bill expands the definition of an eligible patient to include not just those with terminal illnesses but also those with life-threatening conditions, allowing a broader range of individuals to seek new treatment options. It also introduces provisions for personalized investigational treatments tailored to the genetic profiles of individual patients, including gene therapy and other advanced medical technologies.
Notably, the act has faced criticism from some healthcare professionals and patient advocacy groups who argue that it may create a misleading sense of security for patients pursuing unapproved treatments. Critics worry that the bill could undermine the rigorous standards of clinical trials, potentially exposing desperate patients to unproven and possibly harmful treatments. Furthermore, the liability protections offered to manufacturers and facilities providing these treatments could be seen as a way to shield them from accountability in case of adverse impacts on patients.