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Senate Passes 'Right-to-Try' Measure Letting Terminally Ill Seek Investigational Drugs
Summary
The Senate approved a fifth substitute to HB94 on Feb. 13, allowing terminally ill patients access to investigational drugs and devices in U.S. trials under strict criteria, informed consent, and safeguards; vote recorded as 26–0 with absences.
The Senate passed a fifth substitute to HB94 on Feb. 13 to provide a legal pathway for terminally ill patients to access investigational drugs or devices that have completed phase I of FDA trials. Sponsor Sen. Vickers described the measure as carefully limited to items already in the FDA trial process and said it includes informed-consent and fraud-protection provisions.
Supporters framed the bill as providing hope and clinical options for patients who have exhausted approved treatments; critics raised concerns about patient vulnerability and cost. Senate debate covered insurance liability, physician and manufacturer roles, access logistics for drugs on trial outside Utah and the need for an informed-consent process. Senator Vickers said the physician must initiate arrangements with the manufacturer and that patients may bear costs; the bill also provides liability protections for participating providers and manufacturers under specified circumstances.
Outcome: The bill passed by roll-call (26 yeas, 0 nays, 3 absent) and will return to the House for further consideration.
Quote: "It grants terminally ill patients who have exhausted conventional treatment options access to drugs that have not completed the FDA's full trials," Sen. Vickers said, summarizing the policy.
Implementation notes: The bill contemplates direct arrangements between physicians and manufacturers, requires informed consent that covers potential costs and risks, and does not obligate insurers to pay.
