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H.R. 2368 115th Congress House

Right to Try Act

Official title: To authorize the use of experimental drugs, biological products, and devices by patients diagnosed with a terminal illness in accordance with State law, and for other purposes.

Introduced: May 4, 2017 Introduced by: Brian K. Fitzpatrick Republican · Pennsylvania See on congress.gov
Health Civil actions and liabilityDrug safety, medical device, and laboratory regulationDrug therapyHealth personnel
More subjectsShow fewer subjects
Health technology, devices, suppliesLicensing and registrationsLong-term, rehabilitative, and terminal careMedical tests and diagnostic methodsPrescription drugsProduct safety and quality
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This bill died when the 115th Congress ended
It never became law before the 115th Congress (2017–2018) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jun 7, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Jun 7, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
May 5, 2017
Referred to the Subcommittee on Health.
May 4, 2017
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
May 4, 2017
Introduced in House
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 Latest action June 7, 2017

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

 Plain-English summary Congressional Research Service

Right to Try Act

This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation.

A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment.

The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment.

The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA.

 Related & companion bills 2
  • HR 878 Right to Try Act of 2017
  • S 204 Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 5
 Cosponsors 3
All 3 Republican 2
R
Smucker, Lloyd
Pennsylvania · Jul 27, 2017
Sanford, Mark
· Jul 17, 2017
 R
Biggs, Andy
Arizona · May 4, 2017
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 2368: Right to Try Act. 115th Congress. Open America. https://openamerica.io/bill/115-HR-2368/
MLA
"H.R. 2368: Right to Try Act." 115th Congress, 2026, Open America, https://openamerica.io/bill/115-HR-2368/.
Bluebook (legal)
H.R. 2368, 115th Cong. (2026), https://openamerica.io/bill/115-HR-2368/.
Markdown link
[H.R. 2368: Right to Try Act](https://openamerica.io/bill/115-HR-2368/)
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