Republicans Introduce ‘Right to Try’ Bill

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Reps. Andy Biggs (R-AZ) and Brian Fitzpatrick (R-PA) have introduced the Right to Try Act of 2017, which would allow terminally ill patients an option to receive drugs that have passed FDA’s “basic safety testing but are still working their way through the often lengthy bureaucratic process to final approval.” In a statement, Biggs says the bill is a companion to legislation introduced in the Senate by Sen. Ron Johnson (R-WI).

The congressmen say that right-to-try is already law in 33 states and the bill would ensure that the federal government, including FDA, does not interfere with those state laws. Biggs says the legislation includes these safeguards: 

  •          applies only to terminally ill patients and does not undo the current FDA approval process;
  •          applies only to drugs that have gone through FDA Phase 1 safety testing;
  •         requires physician certification that other options are exhausted or not available, thus maintaining incentives for patients to seek and join clinical trials;
  •         ensures adverse outcomes are not held against pending pharmaceutical applications for FDA approval, thereby preventing drug companies from being discouraged to participate; and
  •         precludes patients, doctors, and manufacturers from assuming any additional liability.

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