A GOP House bill that would have given patients with terminal illnesses access to experimental drugs without FDA authorization, otherwise known as a "Right to Try" bill, was vetoed on Tuesday.
Medical ethicist Art Caplan called the measure a “bad bill” on Boston Public Radio Thursday, saying it was a “feel-good law” that would not accomplish its goal and was “really promising people something they’re not going to get.”
“The bill basically hit the wrong target,” Caplan said. “When you really look at the bill, what it says is, we’re going to make sure that you don’t have to deal with the FDA in order to get access to experimental drugs. And that’s wonderful, except the FDA doesn’t control access to experimental drugs, companies do.”
Caplan explained that drug companies disqualify terminally ill patients from participating in experimental drug research because there is a chance they won’t live long enough to yield helpful data.
Caplan believes that drug companies should not block a patient's access to these experimental drugs, but he does not a see a “feel good” federal law changing the way these companies conduct their research.
For the federal government to make a difference, Caplan suggests that any legislation should include incentives for the company to give the drugs to those who have terminal illnesses.
“Put some money behind this legislation. Give the companies some incentive to want to give the drugs away. You might say, here is a tax break, something to make it more attractive,” Caplan said.
Medical Ethicist Art Caplan is head of the Division of Medical Ethics at NYU Langone Medical Center ad the co-host of the Everyday Ethics podcast. To listen to his entire interview with Boston Public Radio, click the audio player above.
