Montana Expands "Right to Try" for Experimental Treatments

Montana enacted a new "right to try" law that expands access to experimental treatments for patients with terminal illnesses, a measure Kris DeVault hopes will help his three-year-old son, Brody. Brody was diagnosed with creatine transporter deficiency, a rare condition affecting brain and muscle energy development, for which there is no cure. DeVault learned of a drug in early development that has only undergone animal and limited healthy adult testing, making it unavailable through conventional medical channels. The law, effective July 1, 2023, allows eligible patients to access investigational drugs that have completed at least Phase 1 clinical trials. Brody, born in March 2023, exhibits developmental delays, including significant speech and motor skill deficits. His father describes him as a happy child struggling with communication, often unable to express basic needs or discomfort, as evidenced by an incident where Brody stood on an anthill without reacting to ant bites. Brody also experiences muscle weakness and concerns about his neurological development, a critical period for brain plasticity in early childhood. The "right to try" movement, championed by organizations like the Goldwater Institute, advocates for patient autonomy in seeking unapproved treatments when conventional options are exhausted. This legislation follows similar "right to try" laws passed in other states and at the federal level, which aim to bypass the lengthy FDA approval process for patients facing life-threatening conditions. The Montana law specifically requires that the investigational drug has undergone laboratory and animal testing and has been granted an Investigational New Drug (IND) application by the U.S. Food and Drug Administration (FDA). It also mandates that the drug manufacturer has not been debarred by the FDA and that the treatment has been recommended by a physician. The law provides a framework for patients and their physicians to request access to these treatments, aiming to offer a lifeline where none previously existed. DeVault's advocacy highlights the profound impact such legislation can have on families facing rare and debilitating diseases, providing a glimmer of hope for potential therapeutic interventions.