'Right to Try Act' Would Give Ill Georgians Access to Experimental Meds

By Justin Ove

A bill submitted to the Georgia General Assembly earlier this month would allow some seriously ill Georgians to try advanced but unproven medical options in an effort to stay alive.

H.B. 34, or the “Georgia Right to Try Act,” would give patients who cannot wait for new drugs or devices to complete the formal FDA approval process the right to ask for and receive experimental treatments that would not normally be available to them.

“Patients who have advanced illnesses have a fundamental right to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices,” the bill reads in part.

The bill stipulates that only patients who have an advanced illness, have considered all FDA-approved treatment options, have been given a prescription for an experimental treatment, and have given written informed consent will be eligible to receive the drugs or devices.

Additionally, patients and their estates can be held liable for the costs of the new medication or device if their insurance does not cover the treatment and if the company providing the treatment wants compensation in return. Furthermore, the act would not require any manufacturer to give out the medicine or treatment to eligible patients on request, nor would it require any insurance provider to cover the costs of the treatment.

The bill would also bar the Georgia Composite Medical Board from taking punitive actions against any physician who recommends, prescribes, or administers such experimental treatments. No employee or agent of the state can interfere with the process apart from providing counseling, advice, or a recommendation for treatment consistent with medical standards of care.

The proposed Georgia Right to Try Act was given its first reading before the Georgia House of Representatives on Monday and has been assigned to the Health & Human Services Committee, chaired by Rep. Sharon Cooper (R-Marietta).

H.B. 43 is sponsored by Rep. Mike Dudgeon (R-Johns Creek), Rep. Jason Spencer (R-Woodbine), Rep. Sam Teasley (R-Marietta), Rep. Micah Gravely (R-Douglasville), Rep. Scot Turner (R-Holly Springs), and Rep. Margaret D. Kaiser (D-Atlanta).

Read the proposed legislation in full below:

HB 43 - Georgia Right to Try Act