‘Right to Try’ FDA investigational drugs goes to the governor after House passage

Rep. Nick Zerwas (R-Elk River) was 15 years old and planning his own funeral after doctors told him a heart transplant wasn’t available. Then his cardiologist told him about an experimental surgery using cow parts. It was his last hope — and it worked.

Rep. Nick Zerwas

“Members — that was my Right to Try. I fully believe life is worth fighting for and government has no right to get in the way,” Zerwas told legislators who passed the so-called “Right to Try Act” 123-0 off the House Floor Friday. It now awaits action by the governor. The Senate passed it 60-4 April 21.

Sponsored by Zerwas and Sen. Branden Petersen (R-Andover), HF236/SF100* would allow a physician to recommend a treatment for a dying person that has passed the first phase of a clinical trial, but still awaits full approval by the Food and Drug Administration. Several other states have passed similar laws. The bill applies to drugs or devices.

The bill raised questions in the House about liability and prolonged medical costs at taxpayers’ expense.

It would require the patient or legal guardian to give informed consent and would allow the drug or device manufacturer to provide the product free of charge. Insurance companies would not be required to cover the cost of the product.

“The bill really is about hope, providing Minnesotans with a last chance of hope,” Zerwas said.