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. Key changes include the introduction of telehealth screening and remote signing processes, allowing patients to participate in clinical trials or receive investigational drugs, biologics, or devices without needing in-person visits. The eligibility criteria are narrowed from "life-threatening conditions" to "terminal illness," ensuring that only those with a terminal diagnosis can access these options. New definitions, such as "eligible facility," "health care provider," and "individualized investigational treatment," are added to clarify the act's scope and the roles of stakeholders.

The bill also provides legal protections for manufacturers, pharmacists, health care facilities, and providers involved in the care of patients using investigational treatments, granting them immunity from lawsuits for harm caused by these treatments under certain conditions. It establishes a private cause of action for patients or health care providers affected by violations of the act, allowing them to seek injunctive relief and attorney's fees against regulatory authorities. Additionally, it clarifies that health care providers and manufacturers are not required to make experimental treatments available, thus protecting them from liability. The act is set to take effect on January 1, 2026, and does not allocate new funding or positions, with its fiscal impact being indeterminable for the upcoming years.

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