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Bill Summary · SB 353

Legislative bill overview

SB 353 would have expanded Montana's "right to try" law to permit minors with terminal illnesses to access experimental drugs and treatments not yet approved by the FDA. Currently, right to try laws typically apply only to adult patients. The bill sought to give families of terminally ill children an additional legal pathway to pursue experimental medical interventions.

Why is this important

Terminal illness in children raises profound ethical questions about balancing hope, parental autonomy, and medical safety standards. Expanding access to unproven treatments could provide options for families facing hopeless diagnoses, but also introduces risks of harm, false hope, and potential exploitation of desperate circumstances. This represents a significant shift in how medical decision-making is balanced between parental rights and FDA-established safety protocols.

Potential points of contention

  • Parental rights vs. child protection: Whether parents should have authority to enroll minor children in experimental treatments, and at what age children themselves might consent
  • FDA safety standards: Whether compassionate access should bypass standard drug approval processes, and whether this undermines the evidence-based regulatory framework designed to protect vulnerable populations
  • Equity and access: Concerns that experimental treatments may only be accessible to wealthy families who can navigate the process, creating disparities in terminal care

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

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