In June 2018 President Trump signed into law the “Right to Try” bill. This bill basically allows terminally ill patients access to experimental medical treatments and drugs that aren’t yet approved by the Food and Drug Administration (FDA). Surprisingly, even though two politically vulnerable Democrat Senators, Joe Donnelly and Joe Manchinco sponsored the bill, most Democrats and public health groups opposed it, arguing that it could put patients in danger, with Democrat Frank Pallone referring to it as a product of “snake oil salesmen.” The “Right to Try” isn’t limited to Medicare patients but is available to all ages.
Already, 40 states have passed their own right to try laws, and it seems like a fairly simple idea, but it’s not. Previously, an FDA rule required that a terminally ill patient could try an experimental drug if it had passed the first of three clinical trials. The first clinical trial reviews whether or not a new drug is safe, but not if it’s effective. But, the new bill gives terminally ill patients a chance to improve their condition if they have exhausted all FDA-approved treatments. Also, a provision of the bill doesn’t require a patient to apply to the FDA for approval. And…the new law doesn’t require the drug company to provide the experimental product, so this may be a two-edged sword. Drug companies are concerned over the legality involved if a person dies from taking a drug, which could imperil FDA approval at a later date.