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Right To Try Act

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What the Right To Try Act Means

The Right To Try Act is a U.S. law designed to give patients with serious, life-threatening illnesses a chance to try experimental drugs that have passed initial safety testing but are not yet fully approved by the Food and Drug Administration (FDA). To qualify, patients must have no other approved treatment options and be unable to join a clinical trial for the drug. The drugs must have completed at least a Phase 1 clinical trial, which is the first step in testing a new treatment in people. However, the law does not require drug companies to provide these drugs, and patients must work with their doctors to request access.

Why It Can Matter in Cancer Care

For people with cancer who have exhausted standard treatments and cannot join clinical trials, the Right To Try Act offers another possible way to access experimental therapies. It is one of several paths to experimental drugs, alongside clinical trials and FDA-regulated expanded access programs. Some states have expanded the law to include patients with non-terminal or rare diseases, broadening who might qualify. However, the law does not guarantee access to the drugs, nor does it address the high costs of treatment or potential impacts on other care services like hospice or home health care.

What Patients Might See or Hear About the Right To Try Act

Patients may hear about the Right To Try Act from their doctors, patient advocates, or media stories. It might come up during discussions about treatment options when standard therapies have failed. Sometimes, patients see the term in medical records, treatment plans, or drug information. It is important to understand that the term itself is not a treatment recommendation but a legal option that may or may not be available or suitable. Patients should ask their care team what it means for their specific case.

Common Confusions and Important Clarifications

One common misunderstanding is that the Right To Try Act guarantees access to experimental drugs. In reality, drug companies are not required to provide these drugs, and patients may face high costs or lose other care benefits like hospice. The law also does not replace clinical trials or FDA expanded access programs, which have more oversight and safety protections. Patients should not view the law as a simple or guaranteed path to treatment but as one of several options that require careful discussion with their healthcare team.

Questions to Ask Your Care Team

If you hear about the Right To Try Act, consider asking your doctor: Am I eligible for this option? Are there clinical trials or expanded access programs available instead? What are the potential risks and benefits of trying an experimental drug under this law? How might this affect my other care, such as hospice or home health services? Who will cover the costs? Understanding these details can help you make informed decisions.

Reading the Term in Context

When you see the Right To Try Act mentioned in your medical records or treatment discussions, it is important to ask how it applies to your situation. The term alone does not mean a treatment has been recommended or approved for you. It is a legal framework that may or may not be relevant depending on your diagnosis, treatment options, and the willingness of drug companies to provide the medication.

Safety and Next Steps

This information is educational and does not replace medical advice. The Right To Try Act involves experimental treatments that may have unknown risks and benefits. Always discuss your options thoroughly with your healthcare team before pursuing any treatment under this law. Your care team can help you understand if this is a safe and appropriate choice for you and guide you toward the best available options.

Sources

Public source information used for this glossary entry includes: