Legislature considering 'right-to-try' experimental drugs

A bill currently being considered by the New Hampshire Senate would allow terminally ill patients to request experimental drugs that have not yet received approval from the federal Food and Drug Administration (FDA).

The bill, HB 1138, has already passed the House.

Nearly half of U.S. states have passed similar legislation, which allows patients who have not responded to approved treatments to request medications that have already passed a first round of human clinical trials. Pharmaceutical companies are not required to comply with patient requests for the drugs, nor are insurance companies required to cover costs.

There is an existing federal process where patients may apply for access to unapproved drugs through the FDA's "compassionate use" program. Critics have contended the process is too slow, but the FDA recently announced they had 'streaminlined' it.

Supporters of 'right to try' laws argue that they give patients with little other recourse access to medication that could save their lives. They say that the choice to try new drugs is a matter of personal freedom.

Opponents include pharmaceutical companies who worry such laws will discourage participation in clinical trials, where some patients are given placebos instead of medication. Some critics contend that 'right to try' laws in other states have not yet shown any success in getting patients access to experimental drugs, while others express concern over the safety and ethics of giving patients untested medications.

UPDATE: Read our Citizen Voices℠ report and find out where New Hampshire stands on this issue.