Rhode Island House Passes Right to Try Act to Reject Some FDA Restrictions on Terminal Patients

PROVIDENCE, R.I. (May 16, 2018) – Today, the Rhode Island House passed a bill would nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients.

Rep. Joseph McNamara (D-Warwick) introduced House Bill 7294 (H7294) in January along with four bipartisan co-sponsors. The legislation would allow terminally ill patients access to medicines and treatments 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.

H7294 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.

The House Committee on Health Education and Welfare recommended H7294 for passage last week. Today, the full House passed the bill as well.

The bill is titled the “Neil Fachon Terminally Ill Patients’ Right …

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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