Right to Try State Laws
This chart highlights state Right to Try laws. Check back often, as this chart is updated frequently.
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| State | Right to Try Law | Approved / Effective Date | Summary of Right to Try Law | Pending Right to Try Law | Summary of Pending Right to Try Law | Status of Pending Right to Try Links | ||
|---|---|---|---|---|---|---|---|---|
| ALABAMA | SB 357 (2015) - Gabe Griffin Right to Try Act | 5/28/2015 | https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2015RS/PrintFiles/SB357-Int.pdf | Permits certain terminally ill patients to access investigational drugs, biologics, or devices that have successfully completed Phase 1 trials (provided they give informed, written consent and meet other eligibility requirements. Shields health care providers from professional sanctions and liability when acting in good faith under the law. | ||||
| ALASKA | HB 43 (2018) - New Drugs for the Terminally Ill | 10/11/2018 | https://www.akleg.gov/PDF/30/Bills/HB0043Z.PDF | Permits physicians to prescribe, dispense, or administer investigational drugs, biological products, or devices (those that have completed Phase 1 trials but are not yet FDA-approved) to terminally ill patients, so long as patients are ineligible for clinical trials, have considered all FDA-approved options, and have given informed, written consent. Affords immunity from disciplinary action to providers and liability protection for both providers and manufacturers when acting in good faith under the law. | ||||
| ARIZONA | SB 1163 (2022) - Individualized Investigational Treatment | 4/25/2022 | https://www.azleg.gov/legtext/55leg/2R/bills/SB1163P.pdf | Permits physicians to request and provide investigational drugs, biologics, or devices that are uniquely manufactured for an individual patient based on their genetic profile (after the patient gives informed, written consent, has considered all FDA-approved treatments, and meets eligibility criteria) and provides providers and manufacturers acting in good faith immunity from professional discipline, state interference, and liability (and ensures heirs are not liable for treatment-related debts). | ||||
| ARKANSAS | Act 374 (2015) - Right to Try Act | 3/10/2015 | https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2015%2FPublic%2FACT374.pdf | Permits terminally ill patients to access investigational drugs, biological products, or devices that have successfully completed Phase I clinical trials (provided they give informed, written consent, have no comparable FDA-approved treatment, and are unable to participate in a clinical trial). Allows manufacturers to offer such treatments voluntarily, shields health care providers and manufacturers (acting in good faith) from professional discipline and civil liability, and ensures patients’ heirs are not liable for related costs. | ||||
| CALIFORNIA | AB 1668 (2015-2016) - California Right to Try Act | 9/27/2016 | http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1668 | Permits physicians and manufacturers to provide eligible terminally ill patients with investigational drugs, biologics, or devices that have completed Phase I trials but are not yet FDA-approved (provided patients have an “immediately life-threatening” condition, have exhausted all approved treatments, and give informed, written consent) and protects providers from disciplinary action when acting in good faith according to IRB-approved protocols. | ||||
| COLORADO | HB 1281 (2014) - Right to Try Act | 5/17/2014 | https://www.leg.state.co.us/clics/clics2014a/csl.nsf/fsbillcont2/CE8AAA4FAF92567487257C6F005C8D97?Open | Permits terminally ill patients to access investigational drugs, biological products, or devices that have completed Phase I trials (provided they give written, informed consent, have no comparable FDA-approved treatment, have been unable to join a nearby clinical trial, and receive a physician’s recommendation), allows manufacturers to provide such treatments (free or at cost) and shields providers acting in good faith from disciplinary action and liability, while also protecting patients’ heirs from treatment-related debt. | ||||
| CONNECTICUT | SB 371 (2016) - Use of Experimental Drugs | 10/1/2016 | https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB00371&which_year=2016 | Permits terminally ill patients to access investigational drugs, biological products, or devices that have successfully completed Phase I clinical trials (provided they have a physician-verified terminal illness, have given informed, written consent, and are not hospitalized as inpatients) . Allows manufacturers to provide such treatments under the law. | ||||
| DELAWARE | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| *DISTRICT OF COLUMBIA | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| FLORIDA | HB 269 (2015) - Florida Right to Try Act | 7/1/2015 | https://www.flsenate.gov/Session/Bill/2015/269 | Permits eligible patients with a terminal condition (confirmed by 2 physicians and who've exhausted all FDA-approved options) to access investigational drugs, biological products, or devices that have completed Phase I trials (with written informed consent that includes specific disclosures and acknowledgments), and provides physicians and manufacturers acting in good faith immunity from professional discipline and liability (also protecting patients’ heirs and clarifying that insurers or hospitals are not obligated to pay for or provide associated services) | ||||
| GEORGIA | HB 34 (2015-2016) - Georgia Right to Try Act | 7/1/2016 | https://www.legis.ga.gov/legislation/42714 | Permits terminally ill patients to access investigational drugs, biological products, or devices that have completed Phase I clinical trials (provided they give written, informed consent, have considered all FDA-approved treatments, and receive a physician’s recommendation), allows manufacturers to make treatments available voluntarily (with or without cost), prevents insurers or benefit plans from being required to cover them, protects physicians from disciplinary action and state interference, and shields providers and manufacturers acting in good faith from civil liability (while clarifying patient liability for costs). | ||||
| HAWAII | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| IDAHO | HB 481 (2016) - Right to Try Act | 7/1/2016 | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2016/legislation/H0481.pdf | Permits terminally ill patients to request (and manufacturers may voluntarily provide) investigational drugs, biological products, or devices that have completed Phase I trials (provided they give written, informed consent, have considered all FDA-approved options, and receive a physician’s recommendation), does not require insurers or facilities to cover or offer such treatments, shields providers acting in good faith from disciplinary action and liability, protects patients’ heirs from treatment-related debt, and does not create private causes of action against providers or manufacturers for resulting harm. | ||||
| ILLINOIS | Public Act 99-270, 410 ILCS 649 (2016) - Illinois Right to Try Act | 1/1/2016 | https://www.ilga.gov/Legislation/ILCS/Articles?ActID=3653&ChapterID=35 | Permits terminally ill patients (with a disease expected to result in death within 24 months) to access investigational drugs, biological products, or devices that have successfully completed Phase I clinical trials (provided they have considered all FDA-approved treatment options, have a physician’s documentation, and have given informed, written consent) and authorizes manufacturers to make such treatments available (voluntarily, with or without cost), allows insurers to choose, but not be required, to cover costs, and makes it a misdemeanor (with a fine up to $1,500) for any state official to block access. | ||||
| INDIANA | HB 1065 (2015) - Right to Try Act | 3/24/2015 | https://iga.in.gov/legislative/2015/bills/house/1065/details | Permits terminally ill patients to access investigational drugs, biological products, or devices that have successfully completed Phase I clinical trials, provided they give written, informed consent (with disclosure of experimental nature, risks, treatment details), have no comparable FDA-approved options, and a physician agrees it’s not unreasonably risky. Allows manufacturers to provide such treatments voluntarily (with or without cost); protects providers, manufacturers, and health care facilities from liability and disciplinary action when acting in good faith, does not obligate insurers to cover treatments, and prevents creation of a private cause of action based on resulting harm. | ||||
| IOWA | Chapter 144E of the Iowa Code (2017) - Right to Try Act | 5/11/2017 | https://www.legis.iowa.gov/docs/code//144E.pdf | Permits terminally ill patients (attested to by the treating physician, with no remaining FDA-approved options, and having given written, informed consent) to access investigational drugs, biological products, or devices that have completed Phase I trials. Allows manufacturers and eligible facilities (those with a federalwide assurance) to voluntarily provide such treatments (either free or at cost); protects providers acting in good faith from disciplinary action, shields manufacturers and caregivers from civil liability, ensures patients’ heirs are not liable for treatment-related debts, and does not create a private cause of action against those complying in good faith. | ||||
| KANSAS | SB 250 (2025-2026) - Right to Try for Individualized Treatments Act | 4/10/2025 | https://kslegislature.gov/li/b2025_26/measures/sb250/ | Permits individuals with life-threatening or severely debilitating illnesses (who have considered all FDA-approved treatment options, obtained a physician recommendation based on their unique genomic profile, and provided written, informed consent) to request and receive individualized investigational drugs, biologics, or devices from qualified manufacturers; it also establishes provisions for biospecimen use consent, protects health care providers from professional discipline and liability when acting in good faith, ensures patients’ heirs are not liable for treatment-related debt, and does not obligate insurers or agencies to cover costs. | ||||
| KENTUCKY | SB 21 (2017) - Right to Try Act | 3/21/2017 | https://apps.legislature.ky.gov/record/17rs/sb21.html | Permits terminally ill patients (attested by their provider, after considering all FDA-approved options and obtaining a physician’s recommendation) to access investigational drugs, biological products, or devices that have completed Phase I trials, provided they give detailed written, informed consent, and allows manufacturers to voluntarily provide treatment (with or without cost); protects providers from professional discipline and liability, bars insurers and facilities from being required to cover or offer services, ensures heirs aren’t liable for treatment debts, and prohibits state officials from blocking access when care recommendations are consistent with medical standards. | ||||
| LOUISIANA | HB 891 (2014) - Right to Try Act | 8/1/2014 | https://www.legis.la.gov/legis/BillInfo.aspx?s=14rs&b=HB891&sbi=y | Permits terminally ill patients (who have considered all FDA-approved treatment options and obtained a physician recommendation) to access investigational drugs, biological products, or devices (completed Phase I trials) with written, informed consent, authorizes voluntary provision by manufacturers, does not require insurers to provide coverage or gratuitous treatments, protects physicians from disciplinary action for making such recommendations, and makes it a misdemeanor (up to $1,500 fine) for any state agent who obstructs patient access. | ||||
| MAINE | LD 180 (2016) - Access to Investigational Treatments for Terminally Ill Patients | 3/28/2016 | https://legislature.maine.gov/legis/bills/display_ps.asp?LD=180&snum=127 | Permits eligible terminally ill patients (after exhausting FDA-approved options, not accepted into a clinical trial, having a recommendation from their treating physician, and giving written, informed consent) to access investigational drugs, biologics, or devices that have completed Phase I trials, allows manufacturers to voluntarily provide treatment (with or without cost or requiring patient payment), protects health care practitioners from disciplinary action for recommending or participating in such care, prohibits state officials from blocking access, and does not create a private cause of action for harm when providers comply in good faith. | ||||
| MARYLAND | HB 584 (2017) - Right to Try Act | 5/25/2017 | https://legiscan.com/MD/text/HB584/id/1630378/Maryland-2017-HB584-Chaptered.pdf | Permits terminally ill patients, whose treating physician attests they've considered all FDA-approved options, are ineligible for clinical trials, and give written, informed consent (using an AG-developed form detailing risks, outcomes, costs, and liabilities), to access investigational drugs, biologics, or devices that have completed Phase I trials. Allows manufacturers to provide these voluntarily (without profit, and may require cost recovery), prohibits state actors and licensing boards from blocking or punishing providers, limits liability to actions not in good faith (with claims enforceable only against patient estates, not heirs), and does not create private causes of action for harm when complying in good faith. | ||||
| MASSACHUSETTS | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| MICHIGAN | Act 345 (2014) - Right to Try Act | 10/17/2014 | https://www.legislature.mi.gov/%28S%28fnrpzkdpdmipbrwmk1no31ho%29%29/documents/mcl/pdf/mcl-Act-345-of-2014.pdf | Permits patients with an advanced, life ending illness, who have considered all FDA approved treatments, received a physician’s recommendation, and given written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I trials; allows manufacturers to voluntarily provide treatment; prohibits state officials and licensing boards from penalizing providers, protects insurers from coverage obligations, shields health care providers acting in good faith from liability, and ensures no new private cause of action arises when complying in good faith. | ||||
| MINNESOTA | SF 100 (2015) - Right to Try Act | 5/6/2015 | https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0100&ssn=0&y=2015 | Permits eligible terminally ill patients, who have considered all FDA-approved treatment options, received a physician’s recommendation, and given written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I clinical trials; allows manufacturers to voluntarily provide treatment with or without compensation or recovery of manufacturing costs; prohibits private or public health coverage or correctional health programs from being required to pay for such treatments; and shields health care providers acting in good faith from disciplinary action or liability and prevents creation of private causes of action for harm under compliance. | ||||
| MISSISSIPPI | SB 2527 (2016) - Right to Try Act | 4/13/2016 | http://billstatus.ls.state.ms.us/documents/2016/html/SB/2500-2599/SB2527SG.htm | Expands eligibility under Mississippi’s Right to Try Act to more patients, revises the definition of investigational drugs, biological products, or devices, allows hospitals to render services without tort liability, clarifies that health plans and third-party administrators are not liable for any treatment-related debt, and maintains protections for patients seeking investigational therapies that have completed Phase I trials. | ||||
| MISSOURI | HB 1685 (2014) - Right to Try Act | 7/14/2014 | https://www.senate.mo.gov/14info/BTS_Web/Bill.aspx?SessionType=R&BillID=34871724 | Permits patients with a terminal illness, who have considered all FDA-approved treatment options, received a prescription or recommendation from a physician, and given written, informed consent, to access investigational drugs, biologics, or devices via voluntary provision by manufacturers; prohibits disciplinary action against physicians based solely on such recommendations, classifies attempts by state agents to block access as a class 1 misdemeanor, and authorizes (but does not require) health care insurers to provide coverage. | ||||
| MONTANA | SB 142 (2015) - Right to Try Act | 3/27/2015 | https://archive.legmt.gov/bills/2015/sb0199/SB0142_3.pdf | Permits eligible terminally ill patients, who have considered all FDA-approved treatment options, received a recommendation from their treating physician, and given written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I clinical trials; allows manufacturers to voluntarily provide treatment, with or without cost; clarifies that insurers, health plans, and health care facilities are not required to cover treatment or provide services; ensures heirs are not liable for treatment-related debt; prohibits licensing boards and state officials from penalizing providers or blocking access; and grants immunity from suit for health care providers, manufacturers, pharmacists, and facilities acting in good faith and exercising reasonable care. | ||||
| NEBRASKA | LB 117 (2018) - Investigational Drug Use Act | 4/23/2018 | https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=30764 | Permits patients with an advanced illness (likely to result in death within 6 months even with treatment), who have considered all FDA-approved options, received a physician recommendation, and given written, informed consent, to access investigational drugs, biological products, or devices that have completed Phase I trials; allows manufacturers to voluntarily provide treatment (with or without compensation); protects health care providers acting in good faith from discipline or licensure action; prohibits state agents from blocking access; ensures manufacturers may not seek reimbursement from the patient’s estate if the patient dies during treatment; and does not create a private cause of action for harm if compliance is in good faith. | ||||
| NEVADA | AB 164 (2015) - Right to Try Act | 5/27/2015 | http://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB164_EN.pdf | Permits patients with a terminal condition, who have considered all FDA-approved treatments, received a physician’s prescription or recommendation, and given written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I clinical trials; allows manufacturers to provide or make such treatments available free or at cost; prohibits state officers, employees, or agents from preventing access; classifies obstruction as a misdemeanor; and exempts physicians and nurses from professional discipline when acting under the law. | ||||
| NEW HAMPSHIRE | HB 701 (2025) - Terminal Patients' Right to Try Act | 1/1/2026 | https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=560&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB701 | Permits terminally ill patients, who have no FDA-approved treatment options, have physician attestation, and give written, informed consent, to access individualized investigational drugs, biologics, or devices (even if not through traditional FDA pathways); allows telehealth prescreening and remote consent signing; shields health care providers, manufacturers, pharmacists, and facilities from disciplinary action and liability when acting in good faith without willful misconduct; disallows private lawsuits except allowing patients or providers to seek injunctive relief for violations; and takes effect January 1, 2026. | ||||
| NEW JERSEY | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| NEW MEXICO | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| NEW YORK | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| NORTH CAROLINA | H 652 (2015) - Right to Try Act | 7/2/2015 | https://www.ncleg.gov/BillLookup/2015/H652 | Permits eligible terminally ill patients, who have considered all FDA-approved treatment options, received a physician’s recommendation, and given written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I trials; allows manufacturers to voluntarily provide the treatment, with or without cost; prohibits licensing boards, Medicare certification entities, and state officials from penalizing or blocking providers, protects health care providers acting in good faith from disciplinary action, absolves heirs of treatment-related debt, and prevents private causes of action for harm if compliance is in good faith. | ||||
| NORTH DAKOTA | Sb 2259 (2015) - Right to Try Act | 4/15/2025 | https://ndlegis.gov/assembly/64-2015/documents/15-0251-05000.pdf | Permits eligible terminally ill patients, who have considered all FDA approved treatment options, are unable to participate in a clinical trial within 100 miles or are not accepted within one week of application completion, have a physician recommendation, and have given written, informed consent, to access investigational drugs, biological products, or devices that have completed Phase I trials (excluding inpatient hospital cases); allows manufacturers to voluntarily provide treatment, with or without cost; specifies that heirs are not liable for treatment-related debt; prohibits licensing boards or state officials from penalizing or blocking providers acting in good faith; and does not create a private cause of action against manufacturers or providers who comply in good faith. | ||||
| OHIO | HB 290 (2017) - Right to Try Act | 4/6/2017 | https://www.legislature.ohio.gov/legislation/131/hb290 | Permits eligible terminally ill patients, who have considered all FDA approved options, have a physician’s recommendation, and give written, informed consent, to access investigational drugs, biological products, or devices that have completed Phase I clinical trials; allows manufacturers and distributors to voluntarily provide treatment, with or without charge; specifies that no health care insurer or government program is required to cover treatment costs; ensures patients’ estates and heirs are not liable for treatment-related debt; shields health care providers, manufacturers, and distributors acting in good faith from civil liability, criminal prosecution, or disciplinary action, except for willful or wanton misconduct; and prohibits state agents from preventing or blocking access. | ||||
| OKLAHOMA | HB 1074 (2015) - Right to Try Act | 4/21/2015 | https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1074&Session=1500 | Permits eligible terminally ill patients, who have considered all FDA approved treatment options, been unable to participate in a clinical trial (within 100 miles or within one week of application decision), have a physician recommendation, and have given written, informed consent, to access investigational drugs, biological products, or devices that have successfully completed Phase I trials; allows manufacturers to voluntarily provide such treatments; does not require health insurance coverage; prohibits licensing boards or state officials from taking action based solely on provider recommendations or blocking access; does not create a private cause of action against manufacturers or other care providers when acting in good faith. | ||||
| OREGON | HB 2300 (2015) - Right to Try Act | 1/1/2016 | https://olis.oregonlegislature.gov/liz/2015R1/Measures/Overview/HB2300 | Permits health care practitioners to offer investigational drugs, biologics, or devices that are not yet approved by the United States Food and Drug Administration to patients with terminal diseases, provided those patients give written, informed consent, and includes liability waivers protecting health care practitioners, health care facilities, professional organizations, manufacturers, or suppliers who comply in good faith. | ||||
| PENNSYLVANIA | Act 33 (2017) - Right to Try Act | 10/11/2017 | https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2017&sessInd=0&act=33 | Permits eligible terminally ill patients, who have considered all FDA approved treatment options, have been unable to participate in a clinical trial within 100 miles or not accepted within one week of applying, have physician attestation, and give written, informed consent (including clear disclosures regarding risks, lack of insurance or health care coverage, potential hospice or in-home care loss, and patient liability), to access investigational drugs, biological products, or medical devices that have completed Phase I trials; allows manufacturers to voluntarily provide treatments, with or without compensation; prohibits health care provider licensing boards or state agents from disciplining or blocking compliant providers; shields health care providers from criminal or civil liability when acting in good faith; and does not create a private cause of action for harm resulting from good faith compliance. | ||||
| *PUERTO RICO | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| RHODE ISLAND | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| SOUTH CAROLINA | Act No. 230 (2016) - Right to Try Act | 5/26/2016 | https://www.scstatehouse.gov/sess121_2015-2016/prever/4542_20160526.htm | Permits eligible terminally ill patients—who have exhausted all FDA‑approved treatment options, received a recommendation from their treating physician, and provided written, informed consent—to access investigational drugs, biological products, or devices; allows manufacturers to voluntarily provide such treatments, with or without cost; protects health care providers from disciplinary action or loss of Medicare certification and prevents state agents from blocking access; ensures heirs are not liable for treatment‑related debt if the patient dies; and does not create a private cause of action for harm when providers or manufacturers comply in good faith. | ||||
| SOUTH DAKOTA | HB 1080 (2015) - Right to Try Act | 3/13/2015 | https://sdlegislature.gov/Session/Bill/6432/35993 | Permits eligible terminally ill patients, who have exhausted conventional treatment options and are unable to participate in a clinical trial, to access investigational treatments that have completed Phase I clinical trials; requires physician recommendation and informed consent (including a waiver releasing providers, hospitals, and drug manufacturers from liability, and acknowledging that insurance is not obligated to cover care); and restricts causes of action arising from such treatment. | ||||
| TENNESSEE | HB 143 (2015) - Phil Timp-Amanda Wilcox Right to Try Act | 5/12/2015 | https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0143&ga=109 | Permits terminally ill patients, who have exhausted FDA approved options, cannot access a clinical trial within 50 miles or one week of applying, and give written, informed consent, to access investigational drugs, biologics, or devices that have completed Phase I trials; allows manufacturers to voluntarily provide treatment, does not require insurers or facilities to cover costs, protects health care providers and manufacturers acting in good faith from liability or discipline, and ensures heirs are not liable for treatment related debt. | ||||
| TEXAS | HB 21 (2015) - Right to Try Act | 6/16/2015 | https://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB21 | Permits patients with terminal illnesses, confirmed by a physician, who have exhausted all FDA approved treatment options, to access investigational drugs, biologics, or devices that have completed Phase I trials; requires written, informed consent; allows manufacturers to voluntarily provide treatment; does not require insurers or facilities to cover costs; protects health care providers and manufacturers acting in good faith from liability or disciplinary action; and prohibits state agents from blocking access. | ||||
| UTAH | HB 94 (2015) - Right to Try Act | 3/24/2015 | https://le.utah.gov/~2015/bills/static/HB0094.html | Permits patients diagnosed with a terminal illness, as determined by a physician, to request investigational drugs or devices that have completed Phase I testing under FDA standards, provided the patient and physician arrange transfer and administration directly with the manufacturer; this law does not require insurers to cover treatment, does not obligate any party to participate, and does not create a private right of action against manufacturers, physicians, or hospitals for providing or refusing treatment. | ||||
| VERMONT | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
| VIRGINIA | HB 1750 (2015) - Expanded Acess to Investigational Drugs, Biological Products, and Devices | 3/26/2015 | https://legacylis.virginia.gov/cgi-bin/legp604.exe?151+sum+HB1750 | Permits terminally ill patients (confirmed by 2 independent physicians) to access investigational drugs, biological products, or devices that have completed Phase I trials, with written, informed consent; allows voluntary provision by manufacturers; does not require insurers to cover costs; protects health care providers, manufacturers, distributors, and related parties from liability or professional discipline when acting in good faith; and prohibits private causes of action against them for outcomes related to treatment. | ||||
| WASHINGTON | SB 5035 (2017) - Right to Try Act | 7/23/2017 | https://app.leg.wa.gov/RCW/default.aspx?cite=69.77&full=true&pdf=true | Permits terminally ill Washington residents, with a physician recommendation and written, informed consent, to request investigational medical products that have completed Phase I trials from manufacturers; does not require insurance or health care coverage, and protects health care practitioners, manufacturers, and facilities acting in good faith from civil, criminal, or disciplinary liability (unless gross negligence or willful misconduct occurs). | ||||
| WEST VIRGINIA | Article 51, Chapter 16, Public Health - Ben Price Right to Try Act | 6/8/2016 | https://code.wvlegislature.gov/16-51/ | Permits eligible terminally ill patients, as confirmed by their physician, who have considered all FDA approved options, cannot access a clinical trial within 100 miles or be accepted within one week, and give written, informed consent, to access investigational drugs, biological products, or devices that have completed Phase I trials; clarifies that manufacturers may voluntarily provide treatment, does not require insurers or coverage programs to pay, prohibits disciplinary action or license revocation of health care providers and prevents blocking access, and ensures no private cause of action arises when acting in good faith. | ||||
| WISCONSIN | Act 165 (2018) - Right to Try Act | 3/28/2018 | https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act165.pdf | Permits eligible patients with life-threatening conditions, who have exhausted all FDA-approved treatment options and obtained a physician’s recommendation, to access investigational drugs, biologics, or devices that have completed Phase I clinical trials; allows manufacturers to voluntarily provide treatment without charging more than cost; does not require insurance or coverage; and protects health care providers, manufacturers, and others acting in good faith from liability when complying under the law. | ||||
| WYOMING | SF 3 (2015) - Right to Try Act | 7/1/2015 | https://www.wyoleg.gov/Legislation/2015/SF0003 | Permits eligible terminally ill patients, who have considered all FDA approved treatment options, have received a physician recommendation, and have given written, informed consent, to access investigational drugs, biological products, or devices; allows manufacturers to voluntarily provide treatment and clarifies that no insurer or state program is required to cover costs; prohibits action against physician licenses solely for participation, ensures no private cause of action is created against providers or manufacturers when acting in good faith, and establishes definitions and effective dates for these provisions. | ||||
| GUAM | No state law, but federally legal - Right to Try Act of 2017 | 5/30/2018 | https://www.congress.gov/115/plaws/publ176/PLAW-115publ176.htm | Permits patients with a life-threatening illness who have exhausted approved treatment options and cannot participate in clinical trials to access investigational drugs that have completed Phase I trials (so long as they provide written, informed consent) and shields manufacturers and providers acting in good faith from liability while barring the FDA from using adverse outcomes to delay or hinder drug approval unless safety-critical; it does not obligate manufacturers to provide access. | ||||
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