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# Bill Protects State ‘Right to Try' Laws
- URL: https://www.fdaweb.com/bill-protects-state-right-to-try-laws/
- Published: 2016-05-11T12:00:00.000Z
- Updated: 2026-09-14T21:01:44.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5135633

Sen. **Ron Johnson** (R-WI) has introduced legislation to prevent the federal government from interfering with implementation of state “Right to Try” laws that allow terminally ill patients, under a doctor’s direction, to access treatments that are being safely used in clinical trials but may be years away from final FDA approval. The Goldwater Institute, which backs the legislation, [says](http://freepdfhosting.com/ee844c6ee1.pdf?ref=fdaweb.com) that patients and legislators in 28 states have driven passage of similar state laws due to frustration over a lack of access to life-saving medicines. At least 15 more states have introduced such bills.

While states have clear legal authority to protect the right of patients to try to save their own lives by accessing promising treatments under these laws, the institute says, Johnson’s bill formally recognizes that right and sends a clear message that the federal government won’t interfere.

FDA has responded to the state actions, the institute says, by making two changes to its process for accessing investigational drugs. The first change would shorten the application process to access drugs in clinical trials, while the second would make navigating the entire system simpler.

“We are glad to see FDA revisiting its process for the first time in decades,” Goldwater Institute president **Darcy Olsen** said, “but rather than make it easier to navigate the FDA roadblocks, FDA should remove the roadblocks entirely and let patients, under a doctor’s care, access safe treatments. No free person should have to ask the federal government’s permission to save his own life.”