Federal 'right-to-try' bill could undermine drug safety regulation - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
January 12, 2018 Newswires
Share
Share
Post
Email

Federal ‘right-to-try’ bill could undermine drug safety regulation

Philly.com

Jan. 12--Federal legislation that aims to give desperately ill patients greater access to unapproved drugs reflects a broader effort to weaken medical product regulation, two University of Pennsylvania bioethicists argue in a prominent medical journal.

The federal "right to try" bill, which passed the Senate in August, is being pushed by supporters in the House, and has the backing of President Trump and Vice President Pence. It entitles patients with life-threatening illnesses to try experimental drugs that have passed preliminary safety tests, without the U.S. Food and Drug Administration's traditional oversight of such "expanded access" requests.

Right-to-try laws have passed in 38 states, including Pennsylvania, championed by patient groups and politicians. But policy experts, physicians and the pharmaceutical industry say the laws are misleading because they imply that eliminating the FDA's review will guarantee access -- even though manufacturers aren't obligated to provide requested drugs. Historically, drug developers, not the FDA, have refused access for reasons ranging from a limited drug supply to fear of bad publicity if a patient is harmed.

In an opinion piece in the latest New England Journal of Medicine, Penn bioethicists Steven Joffe and Holly Fernandez Lynch, point out that the FDA promptly approves "virtually all requests" after manufacturers agree. The agency also has streamlined the application form that the patient's physician has to submit.

"By cutting the FDA out of the process, however, the bill would cause patients to lose the benefit of meaningful safety-oriented changes that the agency recommends in 10 percent of expanded access approvals," the bioethicists wrote. For example, the FDA may lower the planned dosage based on confidential drug-development information that isn't available to the patient's physician.

Overall, the Penn experts say, the impact of a federal law would probably be small because it does nothing to induce companies to be more compassionate.

Even so, they see the legislation as dangerous. It would do what state laws don't have the constitutional power to do: override the FDA's regulatory role. And it would bolster "broader efforts to weaken medical product regulation."

They noted that the Goldwater Institute, the libertarian think tank that is behind the right-to-try movement, has launched a new campaign that would let manufacturers promote approved drugs for unapproved, or "off-label," purposes. While the FDA gives doctors discretion to prescribe off label, companies are barred from marketing drugs for new uses -- say, a schizophrenia drug for dementia -- without first proving effectiveness. Violators of the rule have paid billions in fines.

The FDA's new commissioner, Scott Gottlieb, appears to be in favor of loosening off-label marketing restrictions, the bioethicists wrote.

"Are we prepared to abandon the FDA's gatekeeping role in favor of unfettered patient autonomy and market forces, risking precisely the problems that prompted Congress to grant the FDA its present authority?" they ask.

"We diminish the FDA's public health mission," they conclude, "at our peril."

___

(c)2018 Philly.com

Visit Philly.com at www.philly.com

Distributed by Tribune Content Agency, LLC.

Older

Freedom Insurance Group, Inc. Announces Affordable Car Insurance Is Available

Newer

Benign Prostatic Hyperplasia Implant System

Advisor News

  • Flourish brings private-bank-like cash solution to MassMutual’s network
  • Majority of Americans concerned recent market highs are unsustainable
  • GLP-1 users choose between medication and retirement saving
  • Gen X and millennials seek new retirement model
  • Are families ready for the costs of aging at home?
More Advisor News

Annuity News

  • A client remarried: Does their annuity still fit?
  • Gen X and millennials seek new retirement model
  • Global Atlantic names Dan Farrelly head of IMO and IBD channels
  • A rising retirement challenge: The license to spend
  • What lower interest rates mean to annuity payouts
More Annuity News

Health/Employee Benefits News

  • Fairview sues UnitedHealthcare over 2027 Medicare plan info
  • Women can face challenges in obtaining LTCi
  • Health affordability task force considers utility model
  • Best’s Market Segment Report: AM Best Maintains Stable Outlook on Indonesia’s Non-Life Insurance Segment
  • Research from University of Edinburgh Broadens Understanding of Cancer (Health insurance coverage for medical nutrition therapy in older women with cancer: a comparative health policy perspective on long-term care, frailty, and survivorship …): Cancer
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Life insurance applications rise 15.2% in September, MIB reports
  • Flourish brings private-bank-like cash solution to MassMutual’s network
  • What ‘above and beyond’ means for today’s advisor
  • Best’s Market Segment Report: AM Best Maintains Stable Outlook on Indonesia’s Non-Life Insurance Segment
  • CP13/26 THE PRUDENTIAL REGULATION AUTHORITY'S AUTOMATIC THRESHOLDS INDEXATION FRAMEWORK
Sponsor
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.