On issues from healthcare, to the right to keep and bear arms, and surveillance, at least 13 nullification bills moved forward in states this week, with three of those signed into law. (scroll down to read the full report)
Signed by Gov. Jack Dalrymple, North Dakota this week became the 14th state to pass a “right to try act” into law. Now one of the fastest growing nullification efforts in the country, these laws take on FDA restrictions that can kill terminal patients.
The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval.
Right to Try Laws bypass the FDA expanded access program and allow people to obtain experimental drugs from manufacturers without obtaining FDA approval. This procedure directly conflicts with the federal expanded access program and effectively nullifies it in practice.
“The Right to Try Act is a no-brainer,” said Mike Maharrey of the Tenth Amendment Center. “When someone is on their deathbed, the fact that FDA regulations would let them die rather than try, has got to be one of the most inhumane policies of the federal government. Every state should nullify the FDA like this.”