Legislative Column for Dec. 12, 2014

Missouri's Right to Try Law:
Giving Hope to Those Who Need it Most

With the successful passage of House Bill 1685 during the 2014 legislative session, Missouri became only the third state to enact Right to Try legislation—allowing terminally ill patients to access investigational drugs that previously were out of reach.

Under HB 1685, manufacturers are legally allowed, though not required, to make available an investigational drug, biological product or device to certain terminally ill patients. To be eligible, a terminally ill patient must have:

  • Considered all other treatment options approved by the United States Food and Drug Administration;
  • Received a prescription or recommendation from his or her doctor; and
  • Given his or her written informed consent for the use of the drug, product or device.

While the Food and Drug Administration already has a process for patients suffering from serious and immediately life-threating illnesses to procure investigational therapies, the path to treatment is difficult with numerous hurdles to overcome. Most of these patients simply do not have the luxury of time. They need options, and they need them sooner rather than later.

The Food and Drug Administration generally requires at least three clinical trials before a drug is granted final approval and made available to patients for general use. House Bill 1685 makes it so that those terminally ill individuals who have exhausted all other possible options may access an investigational treatment after it has successfully completed phase one of clinical trials.

House Bill 1685 received overwhelming support in both chambers and from members on both sides of the aisle. In addition to Missouri, four other states have passed similar Right to Try laws: Colorado, Louisiana, Michigan and Arizona.

As always, I appreciate it when groups from around Missouri and our community back home come to visit me at the Capitol; however, during interim, I may be in the district. If you would like to arrange a time to come and visit me in Jefferson City, or if you ever have any questions, please don’t hesitate to contact my Capitol office at (573) 751-1882.