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SB 33

RIGHT TO TRY INDIVIDUALIZED TREATMENTS ACT

2026 Regular Session Introduced by Jeff Steinborn and 1 co-sponsor

New Mexico bill would let terminally ill patients access unapproved experimental treatments, bypassing standard FDA approval processes while limiting manufacturer liability.

action postponed indefinitely
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Bill Summary · SB 33

Legislative bill overview

SB 33 would establish a "right to try" law in New Mexico, allowing terminally ill patients to access unapproved or experimental medical treatments outside standard FDA approval pathways. The bill aims to give patients with limited treatment options legal access to investigational drugs, biologics, and devices that show promise but haven't completed full clinical trials.

Why is this important

Terminally ill patients currently have limited legal recourse to access experimental treatments, even when conventional options have failed. This bill addresses the tension between patient autonomy and pharmaceutical regulation—a debate that has gained national momentum, with similar laws now existing in most U.S. states and at the federal level (21st Century Cures Act).

Potential points of contention

  • Safety oversight concerns: Allowing access to untested treatments without completed clinical trials raises questions about whether patients can truly give informed consent and whether inadequate monitoring could mask harmful side effects
  • False hope and exploitation: Critics worry patients facing terminal diagnoses may pursue expensive experimental treatments with minimal evidence of efficacy, draining resources or delaying palliative care
  • Liability and manufacturer protections: Right-to-try laws typically shield manufacturers from liability, which some argue removes incentives for proper safety monitoring and creates accountability gaps

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

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