Establishes the terminally ill patients’ right to try act.

Rhode Island Terminally Ill Patients' Right to Try Act

This bill would create a new law in Rhode Island giving terminally ill patients the legal right to access experimental medical treatments that have not yet received full approval from the Food and Drug Administration (FDA). Specifically, it would allow patients who have a terminal diagnosis and have exhausted other available treatment options to request and use investigational drugs, biological products, or medical devices that are still in the clinical trial process. The bill sets up a formal framework for how patients, doctors, and manufacturers can participate in this process.

The bill primarily affects terminally ill Rhode Island residents who have run out of standard treatment options and are seeking additional ways to fight their illness. It also affects doctors, who would be able to recommend and prescribe these experimental treatments without fear of losing their medical licenses, and pharmaceutical or medical device companies, who would have the option (though not the requirement) to provide their experimental products to eligible patients. Health insurance companies and state agencies would generally not be required to cover the costs of these treatments.

The law would provide legal protections for both patients and healthcare providers involved in the process. Patients would need to provide informed consent, meaning they would be told about the potential risks before agreeing to the treatment. Manufacturers who choose to make their products available under this law could not be held liable if the treatment does not work or causes harm, as long as they act in good faith.

It is worth noting that a similar federal Right to Try law has been in place since 2018, and this bill would establish a parallel state-level version specific to Rhode Island. The bill has been introduced and referred to the House Judiciary Committee, meaning it is still in the early stages of the legislative process.