Texans Gain the Right To Try Individualized Medical Treatments
If you’re so sick that you have nothing to lose and you’re looking the Grim Reaper in the face, why shouldn’t you be able to try experimental and officially unapproved treatments? While libertarians recognize individuals’ right to take their own risks, even those of a more nanny-ish disposition have a hard time coming up with answers to that question. That’s why the Right to Try movement has taken off across the country, marking its latest victory in Texas.
Right To Try Chalks Up Another Win
“In a major win for rare disease patients, Texas Governor Greg Abbott signed Goldwater’s Right to Try for Individualized Treatments Act,” Brian Norman of the Goldwater Institute, which champions right-to-try legislation, wrote last week. “Championed by Senator Paul Bettencourt and Representative Ken King, SB 984 expands Goldwater’s original Right to Try law to potentially lifesaving treatments that are designed specifically for individual patients.”
Right-to-try laws have been passed in at least 41 states, largely based on model legislation crafted by the Goldwater Institute that allows those with terminal illnesses access to experimental treatments. Colorado was the first to adopt right-to-try, though Texas wasn’t far behind, passing such a law in 2015.
Counterpart federal legislation passed in 2018. At the time, President Donald Trump, then in his first term, commented, “With the Right to Try law I’m signing today, patients with life-threatening illnesses will finally have access to experimental treatments that could improve or even cure their conditions.”
In 2023, the Lone Star State expanded right-to-try to patients with chronic ailments. That law specified that “it is the intent of the legislature to allow patients with a severe chronic disease to use potentially life-altering investigational drugs, biological products, and devices.”
By that time, some states, including Arizona, had already passed laws expanding right-to-try to include individualized treatments that hadn’t been contemplated in the original legislation—or even by most physicians, not long in the past.
Reducing Barriers to Tailored Medicine
“Rapid medical innovations have made it possible to take an individual’s genetic information and create a treatment for that individual person,” notes the Goldwater-sponsored Right to Try website. “Mor
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