Wisconsin Senate Passes Right to Try Act to Reject Some FDA Restrictions on Terminal Patients

MADISON, Wisc. (Feb. 21, 2018) – Yesterday, the Wisconsin Senate passed a bill that would set the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients.

A large bipartisan coalition of senators and representatives introduced Senate Bill 84 (SB84) last year and it carried over to the 2018 session. The bill would give terminally ill patients access to medicines not yet given final approval for use by the FDA.

The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval.

SB84 creates a process to bypass the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without first obtaining FDA approval. This procedure directly conflicts with the federal expanded access program and sets the stage to nullify it in practice.

On Tuesday, the Senate approved SB84.

The proposed law includes legal protections for physician prescribing experimental treatments under the law, shielding them from civil and …

Read more at The Tenth Amendment Center
(The opinions in this article are the opinions of the author and do not necessarily represent the views of Southern Nation News or SN.O.)

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