"The Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to
Try (RTT) Act of 2017 became federal law on May 30, 2018. Over the preceding five
years, 40 states had enacted related legislation. The goal was to allow individuals with
imminently life-threatening diseases or conditions to seek access to investigational drugs
without the step of procuring permission from the Food and Drug Administration
(FDA). Another goal—held by the Goldwater Institute, which led the initiative toward
state bills, and some of the legislative proponents—was focused more on the process: to
eliminate government’s role in an individual’s choice.
The RTT Act (P.L. 115-176) offers eligible individuals and their physicians a pathway other than FDA’s expanded
access procedures to acquiring investigational drugs. It defines an eligible patient as one who (1) has been
diagnosed with a life-threatening disease or condition, (2) has exhausted approved treatment options and is unable
to participate in a clinical trial involving the eligible investigational drug (as certified by a physician who meets
specified criteria), and (3) has given written informed consent regarding the drug to the treating physician..."
Investigatiional drugs
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