Dying patients get faster access to experimental genetic treatments—if manufacturers agree
H.R. 9190 — Right to Try for Individualized Treatments Act · Filed by Diana Harshbarger (R-TN) · 3 cosponsors · Introduced Jun 8, 2026 · Referred to committee
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What it does
This bill expands the FDA's 'Right to Try' law to allow terminally ill or severely debilitated patients to access experimental treatments tailored to their individual genetic profile (genomic-based drugs) without waiting for full FDA approval, provided their doctor certifies they have exhausted approved options and consent in writing. Manufacturers are not required to provide these treatments but may do so if operating in a certified health care facility.
Why we flagged it
The bill's core function is to extend existing Right to Try protections to a new category of experimental treatments—individualized genomic-based drugs—for terminally ill patients. It is a patient-access measure, not a deregulation or industry carve-out.
What the text implies
- Manufacturers retain absolute discretion to refuse treatment access even if a patient qualifies; the bill creates a right to request, not a right to receive, potentially limiting real-world access.
- The definition of 'investigational individualized medical treatment' is broad (any drug based on genomic analysis) and could encompass treatments at very early stages of development, increasing safety uncertainty.
The full analysis lists 4 implications of this text.
Who stands to gain
genomic medicine companies; personalized medicine manufacturers; biotech firms developing individualized treatments