Establishes "Right to Try Act" permitting terminally ill patients to access investigational drugs and treatment.
The impact of A3034 on state law is significant as it introduces a legal pathway for terminally ill patients to seek investigational treatments that have only completed initial phases of clinical trials. While this grant of access may enhance treatment options available to patients in dire circumstances, the bill does not mandate that insurers provide coverage for these investigational treatments, leaving financial implications unaddressed for many patients seeking such options. Additionally, the legislation offers immunity to physicians from disciplinary actions solely based on their involvement with recommending or prescribing investigational products to eligible patients.
Assembly Bill A3034, known as the 'Right to Try Act', aims to facilitate access to investigational drugs, biological products, and devices for patients diagnosed with terminal illnesses. This legislation is particularly designed for those whose life expectancy is twelve months or less, allowing them to access potentially life-saving treatments prior to receiving final approval from the FDA. Under this bill, eligible patients must have consulted with their physician, exhausted all other approved treatment options, and provided informed consent acknowledging the risks and benefits involved.
Notably, the bill has sparked debate regarding the ethical implications of allowing patients access to unapproved treatments. Critics express concern over patient safety and the adequacy of informed consent processes, fearing that desperate patients might feel pressured to pursue risky treatments without adequate support or guidance. Supporters, however, argue for patient autonomy in making healthcare decisions, emphasizing that terminally ill patients should have the freedom to attempt to prolong their lives through potentially beneficial therapies.