Trickett Wendler Right to Try Act of 2016

To authorize the use of unapproved medical products by patients diagnosed with a terminal illness in accordance with State law, and for other purposes. 1. Short title This Act may be cited as the Trickett Wendler Right to Try Act of 2016 2. Use of unapproved medical products by patients diagnosed with a terminal illness (a) In general Notwithstanding the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. 21 U.S.C. 801 et seq. (1) the production, manufacture, distribution, prescribing, or dispensing of an experimental drug, biological product, or device that— (A) is intended to treat a patient who has been diagnosed with a terminal illness; and (B) is authorized by, and in accordance with, State law; and (2) the possession or use of an experimental drug, biological product, or device— (A) that is described in subparagraphs (A) and (B) of paragraph (1); and (B) for which the patient has received a certification from a physician, who is in good standing with the physician's certifying organization or board, that the patient has exhausted, or otherwise does not meet qualifying criteria to receive, any other available treatment options. (b) No liability or use of outcomes (1) No liability Notwithstanding any other provision of law, no liability shall lie against a producer, manufacturer, distributor, prescriber, dispenser, possessor, or user of an experimental drug, biological product, or device for the production, manufacture, distribution, prescribing, dispensing, possession, or use of an experimental drug, biological product, or device that is in compliance with subsection (a). (2) No use of outcomes Notwithstanding any other provision of law, the outcome of any production, manufacture, distribution, prescribing, dispensing, possession, or use of an experimental drug, biological product, or device that was done in compliance with subsection (a) shall not be used by a Federal agency reviewing the experimental drug, biological product, or device to delay or otherwise adversely impact review or approval of such experimental drug, biological product, or device. (c) Definitions In this section: (1) Biological product The term biological product 42 U.S.C. 262 (2) Device; drug The terms device drug 21 U.S.C. 321 (3) Experimental drug, biological product, or device The term experimental drug, biological product, or device (A) has successfully completed a phase 1 clinical investigation; (B) remains under investigation in a clinical trial approved by the Food and Drug Administration; and (C) is not approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, or Cosmetic Act ( 21 U.S.C. 355 42 U.S.C. 262 (4) Phase 1 clinical investigation The term phase 1 clinical investigation (5) Terminal illness The term terminal illness 3. FDA report to Congress Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter until implementation is complete, the Commissioner of Food and Drugs shall report to Congress on progress in implementing the proposed streamlined expanded access application process for experimental drugs that are intended to treat a patient who has been diagnosed with a terminal illness.

Summary: Trickett Wendler Right to Try Act of 2016 This bill bars the federal government from prohibiting or restricting the production, manufacture, distribution, prescribing, or dispensing of an experimental drug, biological product, or device that is: (1) intended to treat a patient who has been diagnosed with a terminal illness; and (2) authorized by, and in accordance with, state law. The federal government may not restrict the possession or use of such a treatment by a patient certified by a physician as having exhausted all other treatment options. A producer, manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of production, manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale under the Federal Food, Drug, or Cosmetic Act or the Public Health Service Act. Not later than 30 days after enactment of this bill, and every 30 days thereafter until implementation is complete, the FDA must report on its progress in implementing a streamlined application process for compassionate use of experimental drugs and biological products.