,,ii #aaeth ,,congress #ast ,session ,s4 #bjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd1 #bjag,mr4 ,johnson 7for himself1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,boozman1 ,mrs4 ,capito1 ,mr4 ,cochran1 ,mr4 ,corker1 ,mr4 ,cotton1 ,mr4 ,crapo1 ,mr4 ,cruz1 ,mr4 ,daines1 ,mr4 ,donnelly1 ,mr4 ,enzi1 ,mrs4 ,fischer1 ,mr4 ,flake1 ,mr4 ,gardner1 ,mr4 ,graham1 ,mr4 ,grassley1 ,mr4 ,hatch1 ,mr4 ,heller1 ,mr4 ,hoeven1 ,mr4 ,inhofe1 ,mr4 ,isakson1 ,mr4 ,kennedy1 ,mr4 ,king1 ,mr4 ,lankford1 ,mr4 ,lee1 ,mr4 ,manchin1 ,mr4 ,mc,cain1 ,mr4 ,mc,connell1 ,mr4 ,moran1 ,ms4 ,murkowski1 ,mr4 ,paul1 ,mr4 ,perdue1 ,mr4 ,risch1 ,mr4 ,rounds1 ,mr4 ,rubio1 ,mr4 ,sasse1 ,mr4 ,shelby1 ,mr4 ,sullivan1 ,mr4 ,tillis1 ,mr4 ,toomey1 ,mr4 ,wicker1 and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to authorize the use of unapproved medical products by patients diagnosed with a terminal illness in accordance with ,state law1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trickett ,wendler ,right to ,try ,act of #bjag4 #b4 ,use of unapproved medical products by patients diagnosed with a terminal illness 7a7 ,in general ,notwithstanding the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq471 the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 and any other provision of ,federal law1 the ,federal ,government shall not take any action to prohibit or restrict-- 7#a7 the production1 manufacture1 distribution1 prescribing1 or dispensing of an experimental drug1 biological product1 or device that-- 7,a7 is intended to treat a patient who has been diagnosed with a terminal illness2 and 7,b7 is authorized by1 and in accordance with1 ,state law2 and 7#b7 the possession or use of an experimental drug1 biological product1 or device-- 7,a7 that is described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a72 and 7,b7 for which the patient has received a certification from a physician1 who is in good standing with the physician's certifying organization or board1 that the patient has exhausted1 or otherwise does not meet qualifying criteria to receive1 any other available treatment options4 7b7 ,no liability or use of outcomes 7#a7 ,no liability ,notwithstanding any other provision of law1 no liability shall lie against a producer1 manufacturer1 distributor1 prescriber1 dispenser1 possessor1 or user of an experimental drug1 biological product1 or device for the production1 manufacture1 distribution1 prescribing1 dispensing1 possession1 or use of an experimental drug1 biological product1 or device that is in compliance with subsection 7a74 7#b7 ,no use of outcomes ,notwithstanding any other provision of law1 the outcome of any production1 manufacture1 distribution1 prescribing1 dispensing1 possession1 or use of an experimental drug1 biological product1 or device that was done in compliance with subsection 7a7 shall not be used by a ,federal agency reviewing the experimental drug1 biological product1 or device to delay or otherwise adversely impact review or approval of such experimental drug1 biological product1 or device4 7c7 ,definitions ,in this section3 7#a7 ,biological product ,the term biological product has the meaning given to such term in section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 7#b7 ,device2 drug ,the terms device and drug have the meanings given to such terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#c7 ,experimental drug1 biological product1 or device ,the term experimental drug1 biological product1 or device means a drug1 biological product1 or device that-- 7,a7 has successfully completed a phase #a clinical investigation2 7,b7 remains under investigation in a clinical trial approved by the ,food and ,drug ,administration2 and 7,c7 is not approved1 licensed1 or cleared for commercial distribution under section #eje1 #eaj7k71 or #eae of the ,federal ,food1 ,drug1 or ,cosmetic ,act 7#ba ,u4,s4,c4 #cee1 #cfj7k71 #cfj7;e77 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 7#d7 ,phase #a clinical investigation ,the term phase #a clinical investigation means a phase #a clinical investigation1 as described in section #cab4ba of title #ba1 ,code of ,federal ,regulations 7or any successor regulations74 7#e7 ,terminal illness ,the term terminal illness has the meaning given to such term in the ,state law specified in subsection 7a77#a77;,b74