West Virginia legislation · 2025 Regular Session
West Virginia HB2410: Safeguard the Right-To-Try Cutting-Edge Medicine Act
Status: Passed one chamber, April 2, 2025
The purpose of this bill is to permit access to individualized treatments for eligible patients.
What the bill says
To amend and reenact §16-51-3 of the Code of West Virginia, 1931, as amended; and to repeal §16-51-2, relating to the right to try individualized treatments; and defining terms. Article 51. Right-to-Try ACT. §16-51-2. Legislative findings. [Repealed.] §16-51-3. Definitions. For the purposes of this article: (1) "Eligible patient" means a person who A life-threatening or severely debilitating illness, attested to by a treating physician. (B) Considered all other treatment options currently approved by the United States Food and Drug Administration; (C) Been unable to participate in a cli.
From the engrossed text, March 28, 2025:
A BILL to amend and reenact §16-51-3 of the Code of West Virginia, 1931, as amended; and to repeal §16-51-2, relating to the right to try individualized treatments; and defining terms. Article 51. Right-to-Try ACT. §16-51-2. Legislative findings. [Repealed.] §16-51-3. Definitions. For the purposes of this article: (1) "Eligible patient" means a person who A life-threatening or severely debilitating illness, attested to by a treating physician. (B) Considered all other treatment options currently approved by the United States Food and Drug Administration; (C) Been unable to participate in a clinical trial for the terminal illness within one hundred miles of the patient's home address for the terminal illness, or not been accepted to the clinical trial within one week of completion of the clinical trial application process; (D) Received a recommendation from his or her physician for an investigational drug, biological product or device; (E) (D) Given written, informed consent for the use of the investigational drug, biological product or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written, informed consent on the patient's behalf; and (F) (E) Documentation from his or her physician that he or she meets the requirements of this subdivision. (2) "Eligible patient" does not include a person being treated …