{"id":355834,"date":"2018-08-24T11:04:32","date_gmt":"2018-08-24T16:04:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/right-to-try-laws-and-access-to-experimental-drugs.html"},"modified":"2025-08-23T15:22:18","modified_gmt":"2025-08-23T20:22:18","slug":"right-to-try-laws-and-access-to-experimental-drugs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/right-to-try-laws-and-access-to-experimental-drugs.html","title":{"rendered":"Right to Try Laws and Access to Experimental Drugs"},"content":{"rendered":"\n
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Right-To-Try Laws and Access to Experimental Drugs<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Right-to-try laws let terminally ill patients who have exhausted standard treatments seek access to experimental\u00a0drugs that haven’t received full FDA approval. This is done\u00a0by working directly with their doctors and drug manufacturers. While the federal Right\u00a0To\u00a0Try Act bypasses FDA and IRB review, access to experimental drugs isn’t guaranteed.\u00a0Manufacturers can refuse, and safety, liability, and insurance issues remain important considerations.<\/i><\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Treatments under the Right\u00a0To\u00a0Try Act often have not received full FDA approval. The Act\u00a0creates\u00a0legal ways for patients to gain access to these investigational drugs. Patients can work with manufacturers and doctors to access these treatments. Consulting with a\u00a0healthcare attorney<\/a>\u00a0helps you with an access request and understand your right to try these experimental drugs. They can explore your options and help you maximize your treatment chance.<\/p>\n

History of Right-To-Try Laws<\/h2>\n

Colorado was the\u00a0first state to pass a right-to-try law in 2014<\/a>. Many other states\u00a0followed suit. The movement began with patients and patient advocates getting frustrated by the lack of access to experimental drugs with potential life saving qualities. Patients have to wait for the Food and Drug Administration (FDA) to approve\u00a0medications. The drug approval process often involves three phases of testing, which may\u00a0take years before the drugs become available.<\/p>\n

What Are Right-To-Try Laws?<\/h2>\n

President Trump signed the\u00a0Right to Try Act<\/a>\u00a0into Law in May 2018. This federal law gives\u00a0eligible patients permission\u00a0to access experimental drugs, biologics, and other medical products. It\u00a0allows doctors and drug companies to give experimental treatments to eligible patients without the threat of liability. Pharmaceutical companies are also protected from legal consequences, whether they provide the treatment or refuse to give it.<\/p>\n

Right-to-try laws provide legal ways for patients with life-threatening conditions to gain access to experimental drugs and investigational products. Often, they do so when conventional treatments fail and they are facing limited treatment options. These laws allow patients to use medicines or treatments not yet fully approved by the\u00a0U.S. Federal Drug Administration (FDA)<\/a>. This means that the agency has not determined the safety, effectiveness, or\u00a0potential side effects of these drugs.<\/p>\n

Under this law, the patient and treating physician work with a drug manufacturing company to obtain the drug. For patients to be eligible under the\u00a0Right to Try Act<\/a>\u00a0(.pdf download), there are certain criteria that they have to meet:<\/p>\n