28 April 2023
A state law that took effect May 27, 2015, permits terminally ill Nevadans to access medical treatments under review, but not yet approved by the U.S. Food and Drug Administration. It was previously a misdemeanor to possess unapproved FDA treatments.
Three years later, President Donald Trump approved federal legislation that granted such access nationwide. The law stipulates that eligible treatments must have completed Phase 1 FDA safety testing and be under active development.
Patients interested in trying experimental treatments must consult with their doctor and the medical company. According to the FDA, “Ultimately, companies (…) are responsible for determining whether to make their products available to patients who qualify for access under the law.”
Nevada is currently considering legislation that would extend right-to-try to patients with “life threatening” or “severely debilitating” ailments, among other expansions.
This Fact Brief is responsive to conversations such as this one.
Nevada Legislature AB164 Text
Food and Drug Administration Right to Try
Nevada Legislature AB188 Text
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