The proposed bill aims to establish a new article in the Code of West Virginia, titled "Right-to-Try Individualized Treatments," which would provide a framework for eligible patients to access individualized investigational drugs, biological products, or devices. It defines key terms such as "eligible facility," "eligible patient," and "individualized investigational drug," and outlines the criteria that patients must meet to qualify for these treatments. The bill also stipulates that if an eligible patient dies while receiving such treatment, their heirs will not be liable for any outstanding debts related to the treatment.

Additionally, the bill prohibits sanctions against healthcare providers who recommend these individualized treatments and prevents state officials from blocking patient access to them. It also establishes that no private right of action can be taken against manufacturers or entities involved in the care of patients using these treatments, provided they have made a good-faith effort to comply with the law. Importantly, the bill clarifies that it does not affect health benefit plans' obligations to cover participation in clinical trials. The provisions of this article are set to take effect on January 1, 2026.

Statutes affected:
Introduced Version: 16-51A-1, 16-51A-2, 16-51A-3, 16-51A-4, 16-51A-5, 16-51A-6, 16-51A-7, 16-51A-8