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A 1236

Establishes "New Jersey Right to Try-Plus Act" permitting terminally ill patients access to certain investigational and off-label treatments.

2024-2025 Regular Session Introduced by Dawn Fantasia and 1 co-sponsor

New Jersey bill expands terminal patients' access to experimental and off-label drugs outside FDA-approved clinical trials, balancing patient autonomy against safety oversight concerns.

Introduced in the Assembly, Referred to Assembly Health Committee
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Bill Summary · A 1236

Legislative bill overview

Bill A 1236 expands access to investigational drugs and off-label treatments for terminally ill patients in New Jersey, building on existing "Right to Try" frameworks. The bill would allow patients with terminal diagnoses to pursue experimental therapies that have not yet completed FDA approval processes, potentially including treatments beyond those in early clinical trials.

Why is this important

Terminally ill patients face a choice between following standard treatment protocols that may be ineffective and accessing potentially life-saving experimental therapies. This legislation addresses the tension between FDA safety protocols designed to protect the general population and individual autonomy for patients with nothing to lose medically. It reflects broader national debates about patient choice, pharmaceutical innovation incentives, and the speed of drug approval processes.

Potential points of contention

  • Safety and efficacy concerns: Expanding access to less-vetted treatments risks harm from unproven therapies, and tracking safety data becomes difficult outside clinical trial frameworks
  • False hope and exploitation: Terminally ill patients in desperate circumstances may pursue expensive treatments with minimal evidence of benefit, potentially delaying palliative care
  • Liability and pharmaceutical incentives: Clarification needed on who bears responsibility for adverse outcomes and whether manufacturers gain liability protections that might reduce their incentive to complete formal trials
  • Equity in access: Off-label and investigational treatments are typically expensive; the bill doesn't address how costs are covered or whether this creates a two-tiered system based on wealth

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

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