Establishes "Right to Try Act" permitting terminally ill patients to access investigational drugs and treatment.
If enacted, this bill would create significant changes in state healthcare regulations. It allows eligible patients to pursue investigational treatments while ensuring that their physicians are protected from disciplinary actions by the State Board of Medical Examiners due to their recommendations. However, it does not compel manufacturers to provide these investigational products and does not require government programs or private insurers to cover these treatments—although insurers may opt to do so voluntarily. This creates a framework where patients have both the opportunity to seek experimental therapies and the need to navigate potential financial barriers.
Senate Bill 1166, known as the "Right to Try Act," aims to empower terminally ill patients with the right to access investigational drugs, biological products, and devices that are not yet approved by the U.S. Food and Drug Administration (FDA). The legislation recognizes that the lengthy FDA approval process can hinder timely access to potentially life-saving treatments for patients who have a life expectancy of less than 12 months. To qualify for such treatments, patients must meet specific conditions, including consultations with their physicians and informed consent.
Notable points of contention surrounding the bill include concerns regarding the adequacy of patient protections versus the urgency of access to treatment. Critics may argue that the lack of mandatory coverage by insurers could leave vulnerable patients without financial assistance for these investigational therapies. Additionally, any refusal by state or local government officials to facilitate access to these drugs could lead to criminal repercussions, categorized as disorderly conduct, which some may view as an excessive measure. Balancing the rights of terminally ill patients against regulatory oversight creates a complex discussion in the legislative landscape.