HELENA, Mon. (Mar. 10, 2015) – Today, the Montana House gave final approval to a bill that would nullify in practice some Food and Drug Administration (FDA) rules that prevent treatments from being used by terminally ill patients. The vote was 93-7 and the bill now moves to Gov. Bullock’s desk for a signature.
Senate Bill 142 (SB142) was introduced by Sen. Cary Smith as the Montana Right to Try Act, the latest pushback against the FDA and their controversial methodology of withholding experimental treatments from people even on their deathbed. Last month, the Montana Senate took the measure up, passing it unanimously, 47-0.
According to the sponsor, Sen. Smith, there was widespread support for his bill, with over 70 co-sponsors, and many of those “getting on board early.”
If signed into law, a patient suffering from a terminal disease attested to by a physician and who has considered all other approved treatment options would be able to try experimental treatments or drugs not yet approved by the FDA, effectively nullifying this narrow, but important set of federal restrictions.
Physicians are protected under the bill as well. SB142 reads in part:
Section 8. Disciplinary action prohibited. (1) A licensing board may not revoke, fail to renew, suspend, or take any action against a license issued under Title 37 to a health care provider based solely on the health care provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.
(2) The department of public health and human services may not take action against a health care provider’s medicare certification based solely on the health care provider’s recommendation that a patient have access to an investigational drug, biological product, or device.
SB142 makes up part of a greater trend sweeping the nation. During this most recent November election, Arizona residents approved Prop. 303, known as the Arizona Terminal Patients’ Right to Try Referendum. The proposition allows investigational drugs, biological products or devices to be made available to eligible terminally ill patients, not permitted under the FDA.
Legislatures in Colorado, Michigan, Missouri, and Louisiana, have already passed Right to Try Laws similar to the Arizona amendment, and more than 20 states are considering such measures in 2015. Bills in Wyoming, Virginia, Arkansas and Utah have also been sent to the Governor’s desk for approval.
Although these laws only address one small aspect of FDA regulation, they provide us with a clear model demonstrating how to nullify federal statutes that violate the Constitution. The strategy narrows the influence of nullification to limited aspects of the law itself. The strategy works because it focuses on ending specific federal policies large numbers of Americans from across the political spectrum oppose.
SB142 now moves to the Governor’s desk for approval, where Gov. Bullock will have 10 days after transmittal to sign or veto the bill or it will become law without his signature.
ACTION ITEMS
In Montana: Support this bill by following the action steps at THIS LINK
In Other States: Take the steps to get a similar bill passed in your state at this link.
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