Cheyenne, Wyo. (Jan. 29, 2015) – A bill passed by the Wyoming Senate yesterday would effectively nullify some Food and Drug Administration (FDA) rules that prevent treatments from being used by terminally ill patients.
Senate File 3 (SF3) was introduced by Sen. Bruce Burns (R-Sheridan) as the Wyoming Right to Try Act on Jan. 13. The bill was quickly moved to a hearing, where the Senate Labor Committee passed it 5-0. And yesterday, the Wyoming Senate took the measure up, passing it unanimously, 29-0
The bill serves as the latest pushback against the FDA and its controversial methodology of withholding approval of drugs for mass consumption. If passed 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.
Burns argued that the patients who would be impacted by the bill were a small niche, whom he said do not have the time to wait for a given drug to get through the entire FDA clinical trial process, which he said can take upward of 10 years.
SF makes up part of a greater trend promoting medical freedom 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.
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.
SF3 now moves to the state House, where it will first need to pass out of a yet-to-be-determined committee before the House has an opportunity to send it to the Governor’s desk.
ACTION ITEMS
In Wyoming: 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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