RICHMOND, Va. (Feb. 26, 2015) – Yesterday, the Virginia state Senate 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 39-0 and the bill now moves to Gov. McAuliffe’s desk for a signature.
Introduced by Sen. William Stanley, Senate Bill 732 (SB732), the Virginia Right to Try Act, is the latest pushback against the FDA and their controversial methodology of withholding experimental treatments from people on their deathbed.
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.
Health care providers who prescribe these drugs to patients are shielded from liability under SB732. The text of the bill states that “no health care provider who recommends, prescribes, administers, distributes, or supplies an investigational drug, biological product, or device to a person (under the bill)…shall be deemed to have engaged in unprofessional conduct, or shall be adversely affected in any decision relating to licensure, on such grounds.”
SB732 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, with legislative chambers in Utah, Montana, Wyoming, Arkansas and Mississippi passing similar measures this month.
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.
The bill represents a positive first step to help terminally-ill patients from FDA restrictions that can kill.
SB1301 now moves to the Governor’s desk, where a representative of the Division of Legislative Services told us that he will have 30 days to decide.
ACTION ITEMS
In Virginia: 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.
