S-204 : Became Public Law

Trickett Wendler Right to Try Act of 2017

This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are: (1) intended to treat a patient who has been diagnosed with a terminal illness, and (2) authorized by state law. The federal government must allow unrestricted possession and use of such treatments by patients certified by a physician as having exhausted all other treatment options.

A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment.

The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment.

The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration; and (3) not be approved, licensed, or cleared for sale under the Federal Food, Drug, or Cosmetic Act or the Public Health Service Act.

Action Timeline

Action DateTypeTextSource
2018-05-30PresidentBecame Public Law No: 115-176.House floor actions
2018-05-30PresidentSigned by President.House floor actions
2018-05-24FloorPresented to President.House floor actions
2018-05-22FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2018-05-22VoteOn passage Passed by recorded vote: 250 - 169 (Roll no. 214). (text: CR H4355-4356)House floor actions
2018-05-22VoteOn motion to recommit with instructions Failed by the Yeas and Nays: 187 - 231 (Roll no. 213).House floor actions
2018-05-22FloorThe previous question on the motion to recommit with instructions was ordered without objection.House floor actions
2018-05-22FloorDEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike everything after section 1 and insert a completely new text.House floor actions
2018-05-22FloorMs. Schakowsky moved to recommit with instructions to the Committee on Energy and Commerce. (CR H4363)House floor actions
2018-05-22FloorThe previous question was ordered pursuant to the rule.House floor actions
2018-05-22FloorDEBATE - The House proceeded with one hour of debate on S. 204.House floor actions
2018-05-22FloorRule provides for consideration of H.R. 5515, S. 204 and S. 2155. The resolution provides for one hour of general debate on H.R. 5515, S. 204 and S. 2155. The resolution provides for consideration of S. 2155 and S. 204 under a closed rule. Also, the resolution provides for consideration of H.R. 5515 under a structured rule and makes an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-70 considered as adopted.House floor actions
2018-05-22FloorConsidered under the provisions of rule H. Res. 905. (consideration: CR H4355-4366)House floor actions
2018-05-21FloorRules Committee Resolution H. Res. 905 Reported to House. Rule provides for consideration of H.R. 5515, S. 204 and S. 2155. The resolution provides for one hour of general debate on H.R. 5515, S. 204 and S. 2155. The resolution provides for consideration of S. 2155 and S. 204 under a closed rule. Also, the resolution provides for consideration of H.R. 5515 under a structured rule and makes an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-70 considered as adopted.House floor actions
2017-08-11CommitteeReferred to the Subcommittee on Health.House committee actions
2017-08-04IntroReferralReferred to the House Committee on Energy and Commerce.House floor actions
2017-08-04FloorReceived in the House.House floor actions
2017-08-03FloorMessage on Senate action sent to the House.Senate
2017-08-03FloorPassed Senate with an amendment by Unanimous Consent.Senate
2017-08-03FloorMeasure laid before Senate by unanimous consent. (consideration: CR S4788-4789)Senate
2017-08-03DischargeSenate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.Senate
2017-01-24IntroReferralRead twice and referred to the Committee on Health, Education, Labor, and Pensions.Senate
2017-01-24IntroReferralIntroduced in SenateLibrary of Congress

Policy Area :

Health
See Subjects
  • Civil actions and liability
  • Drug safety, medical device, and laboratory regulation
  • Drug therapy
  • Health technology, devices, supplies
  • Long-term, rehabilitative, and terminal care
  • Prescription drugs
  • Product safety and quality

Related Bills

See Related Bills