December 2014

The Strange Allure of State “Right-to-Try” Laws

Author Affiliations
  • 1Center for Law and the Biosciences, Stanford University, Stanford, California

Copyright 2014 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Restrictions Apply to Government Use.

JAMA Intern Med. 2014;174(12):1885-1886. doi:10.1001/jamainternmed.2014.5767

In May 2014, the governor of Colorado signed into law a so-called right-to-try bill; the intent of the law is to allow terminally ill patients to receive treatment outside of clinical trials with drugs and medical devices that the US Food and Drug Administration (FDA) has not approved for marketing.1 Following in Colorado’s footsteps, Missouri and Louisiana subsequently enacted similar laws2,3; at least 3 more states—Arizona, Michigan, and Nevada—are considering them. The laws are sometimes referred to as “Dallas Buyers’ Club” laws, a reference to the 2013 film about a real-life patient with AIDS who smuggled unapproved human immunodeficiency virus drugs into Texas in the 1980s.

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