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Bill

SB 209

Enact the Jeff, Dave, and Angie Patient Right to Try Act

136th Legislature (2025-2026) Introduced by Andrew Brenner and 4 co-sponsors

Ohio bill allows terminally ill patients to access unapproved experimental drugs outside FDA clinical trial requirements when conventional treatment fails.

Referred to committee
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Bill Summary · SB 209

Legislative bill overview

SB 209, named after three Ohio patients, would establish a "Right to Try" law allowing terminally ill patients to access experimental drugs and treatments that have not yet received FDA approval. The bill enables patients to bypass standard clinical trial protocols when conventional treatments have been exhausted and they face imminent death.

Why is this important

Right to Try laws address the ethical tension between FDA safety oversight and patient autonomy—allowing desperately ill individuals potential access to hope when traditional medicine offers none. However, this directly intersects with pharmaceutical regulation, clinical trial integrity, and questions about who bears responsibility if experimental treatments cause harm or false hope.

Potential points of contention

  • FDA authority vs. patient autonomy: Federal Right to Try law exists, but state versions create jurisdictional questions and may conflict with federal drug approval processes that protect public health
  • Informed consent concerns: Terminally ill patients under extreme emotional distress may struggle to make truly voluntary decisions; unclear standards for what constitutes adequate disclosure of experimental drug risks
  • Drug manufacturer liability: Bill language unclear on whether manufacturers can be sued if experimental treatments cause severe adverse effects, potentially deterring companies from participation
  • Trial disruption: Expanded access outside trials could compromise clinical data collection, slowing development of treatments that might help larger patient populations
  • Equity and access: Private funding and manufacturer discretion may create disparities where wealthy patients access experimental drugs while others cannot

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

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