West Virginia legislation · 2026 Regular Session
West Virginia HB4610: Safeguard the Right-To-Try Cutting-Edge Medicine Act
Status: Signed into law, April 1, 2026
What the bill says
An act 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 [Repealed.]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 has: (A) 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) Received a recommendation.
From the enrolled text, March 14, 2026:
AN ACT 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 [Repealed.]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 has: (A) 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) Received a recommendation from his or her physician for an investigational drug, biological product or device; (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 (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 as an inpatient in a hospital licensed or certified pursuant to §16-5B-1 et seq. (3) "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one of a clinical trial but has not yet been approved for …