Rep. Melissa Wintrow’s “Right to Try” bill, which would let terminally ill patients use investigational drugs at their own risk, cleared the House Health & Welfare Committee today on an 8-2 vote, and now heads to the full House. The only “no” votes came from the panel’s two physician members, Chairman Fred Wood, R-Burley, and Rep. John Rusche, D-Lewiston; both raised concerns about the implications of treating patients with unapproved drugs. “How do you know whether something works unless you complete the studies?" Rusche asked.

The bill applies to drugs that have successfully completed Phase 1 of a clinical trial, but not yet been approved for general use by the FDA, a process that can take years. The drugs also must still be under investigation in an FDA-approved clinical trial, and the patient must be taking them at the recommendation of their treating physician.

Twenty-four states have passed “Right to Try” laws in the past two years, including Utah, Montana, Nevada and Oregon. The legislation is championed by the libertarian Goldwater Institute from Arizona; the institute’s national policy adviser, Kurt Altman, attended the hearing and spoke in favor of the bill, as did Dr. James Quinn, a family practice doctor from Boise. “People say, ‘I would like to try anything,’” Quinn told the lawmakers.

Also speaking in favor of the bill were a representative of the Idaho Freedom Foundation and patients and family members who shared their personal stories.

Rep. Brandon Hixon, R-Caldwell, said, "I was initially skeptical about this bill, but it's important to put human lives ahead of our own interests. We need to give these people a chance."

The bill has 10 legislative co-sponsors from both parties. AP reporter Kathryn Haake has a full report here.

---

---