New Jersey Assembly Bill A2864

New Jersey 2026-2027 Regular Session

• Introduced: 1/13/26
• Refer: 1/13/26

Caption

Establishes "New Jersey Right to Try-Plus Act" permitting terminally ill patients access to certain investigational and off-label treatments.

Impact

The bill's provisions significantly alter the landscape of healthcare rights within the state of New Jersey by prioritizing patient autonomy in treatment decisions. By enabling access to investigational options and off-label uses of approved treatments, the law may expedite care for patients with limited life expectancy. Additionally, it underscores the importance of informed consent where patients must be fully made aware of the risks associated with unapproved therapies before proceeding. This law reflects a broader trend toward patient empowerment in medical decision-making.

Summary

Assembly Bill A2864 establishes the 'New Jersey Right to Try-Plus Act', which grants terminally ill patients the right to request investigational drugs, biological products, and devices that lack FDA approval. This legislation aims to empower patients facing terminal illnesses, allowing them to pursue potentially life-saving treatments that may have not yet passed all required regulatory hurdles. Specifically, the bill allows access to treatments that have completed at least Phase 1 of FDA trials and introduces protections for healthcare providers who assist patients with these requests.

Contention

There may be concerns regarding the ethical implications of rushing untested treatments to patients, particularly in how manufacturers are not mandated to provide these investigational drugs. Furthermore, while hospitals are compelled to provide approved drugs regardless of FDA-approval status for specific conditions, it raises questions about patient safety and the potential for exploitation. Critics of the bill might argue that it could put vulnerable individuals at risk without substantial evidence for the efficacy of the treatments in question.