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HB 1025

Access to investigational drugs, etc.; patient with severely debilitating condition.

2026 Regular Session Introduced by Wendell Walker and 1 co-sponsor

Virginia Right to Try bill permits terminally ill patients to access unapproved investigational drugs outside FDA clinical trials with legal liability protections for providers.

Fiscal Impact Statement from Department of Planning and Budget (HB1025)
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Bill Summary · HB 1025

Legislative bill overview

HB 1025 would establish a "Right to Try" pathway in Virginia, allowing patients with severely debilitating or life-threatening conditions to access investigational drugs that have not yet completed FDA approval. The bill creates a legal framework protecting both patients and healthcare providers from liability when pursuing experimental treatments outside of standard clinical trial processes.

Why is this important

Patients with terminal or severely debilitating conditions often have no remaining approved treatment options and face lengthy waits for drug approval. This bill would provide an alternative access route, though it raises questions about balancing patient autonomy with safety protections and the pharmaceutical approval system's integrity. The fiscal impact statement suggests potential budget implications for Virginia's healthcare administration.

Potential points of contention

  • Safety concerns: Investigational drugs lack complete safety data; expanded access could harm patients or obscure adverse effects that regulators need to see
  • FDA authority conflict: Expands state-level drug access authority beyond federal oversight, potentially creating regulatory conflicts
  • Equitable access: May only benefit patients who can afford experimental treatments, creating disparities; unclear how uninsured or low-income patients would access these drugs
  • Informed consent complexity: Patients in desperate health situations may struggle to provide truly voluntary, informed consent despite legal protections

Compiled from official sources — confirm details with the bill’s official record.

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