The John Lewicke and Michael Yakubovich Right to Try Act amends the existing Terminal Patients' Right to Try Act to improve access to investigational treatments for patients with terminal illnesses. The bill introduces new definitions for terms such as "eligible facility," "eligible patient," and "telehealth prescreening," while narrowing the act's focus from life-threatening conditions to terminal illnesses. This change ensures that only patients with a high likelihood of death can access investigational drugs, biologics, or devices. Additionally, the bill facilitates telehealth screenings and remote signing to streamline the process for patients seeking these treatments.

The proposed legislation also provides legal immunity to manufacturers, pharmacists, and health care providers involved in the care of patients using investigational treatments, contingent upon certain conditions being met, including the patient's terminal diagnosis and informed consent. It allows patients affected by violations of the act to seek injunctive relief and reasonable attorney’s fees against regulatory authorities, while also clarifying that no private cause of action can be brought against those involved in the care of eligible patients, except as specified. The bill emphasizes that health care providers can conduct telehealth prescreenings and obtain consent through remote signing, provided they act in good faith. Importantly, it does not require the availability of experimental treatments, allowing discretion for health care providers and manufacturers. The act is set to take effect on January 1, 2026.

Statutes affected:
Introduced: 126-Z:1, 126-Z:3, 126-Z:4
As Amended by the House: 126-Z:1, 126-Z:4
As Amended by the Senate: 126-Z:1, 126-Z:4
Version adopted by both bodies: 126-Z:1, 126-Z:4, 126-Z:2
CHAPTERED FINAL VERSION: 126-Z:1, 126-Z:4, 126-Z:2