The apparent goal behind the current Right to Try legislation is to create better access to life saving medication. Many people are excited about the possibilities such a bill could create. Other advocates point out ways in which the new laws actually restrict rather than enable a patient’s choices. So what does Right to Try actually mean? Keep reading to learn more, or follow the original story from the Washington Post here.
The current version of Right to Try in the United States most likely goes back as far as President Trump’s first State of the Union Address. There he supported a national law intended to expand access to experimental drugs to patients with a terminal illness.
In August, the Senate passed a version of the bill. This week, the House of Representatives voted against it.
The concept behind the bill, however, is far from dead. A Right to Try appears to have many supporters on both sides of the aisle. The idea even took on a sort of life of its own, as 38 states rolled out their own versions of the law. At the same time, certain medical professionals, manufacturers, and patient advocates remain skeptical towards the bill. Some describe it as unnecessary, while others view it as a direct source of harm.
The idea for a form of right to try legislation has existed for several decades.
The basic premise promises to increase access to experimental drugs for terminally ill patients when other options have been exhausted. Some groups describe this as a right guaranteed by the US Constitution. Thus far, such arguments have been unsuccessful in court. The most recent attempts to pass the Right to Try are backed by the Goldwater Institute. Working with Colorado lawmakers, the Goldwater Institute assisted in passing the first state-level Right to Try law in 2014.
Another quirk of the current proposed bill is the manner in which it was voted down. Or rather, voted upon. Normally a bill passes the House of Representatives by a simple majority after consideration and proposal by a committee. The recent Right to Try bill, however, failed to pass because it was put through by special means. Bills, often ones deemed noncontroversial, can be put to a vote without a committee. When this is attempted, a two-thirds majority is required. Supporters says they will continue to work towards passing legislation even after this initial setback.
All of this considered, what does the current Right to Try bill bring to the table?
Under the current Senate bill, a patient with a condition deemed fatal, having exhausted all other approved treatment options, and is unable to participate in an experimental trial is permitted to receive untested medications without permission from the United States Food and Drug Administration.
All that is required is agreement from the patient, the patient’s physician, and those responsible for manufacturing the drug. The bill received and voted on by the House placed narrower constraints on access, but the intent remained the same.
Continue the conversation by leaving a comment below! Join us for part two of this article where we’ll discuss how the current system works, and some of the advantages and criticisms of the Right to Try bill.
