Mississippi Expands Right to Try Act, Rejects Some FDA Restrictions
Bill Link: SB2830
Effective Date: 6/25/2020
Overview: Mississippi Gov. Tate Reeves signed a bill into law that expands the state’s “Right to Try” law. The new provisions will increase the number of patients eligible for experimental treatments and allow patients to access stem cell treatments not yet given final approval by the FDA, nullifying some agency regulations in effect.

Mississippi enacted Right to Try in 2015 and expanded its provisions the following year. SB2830 expands it further, making patients with “traumatic injuries” eligible for experimental treatments under the law. It also adds adult autologous mesenchymal stem cells to the list of experimental treatments covered under the act.

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Mississippi Governor Signs Bill Strengthening Right to Try Act
Bill Link: SB2527
Effective Date: 4/13/2016
Overview: Mississippi Gov. Phil Bryant signed a bill into law expanding the state’s current “Right to Try” Act.

Senate Bill 2527 (SB2527) amends the current statute to provide tort immunity to any hospital rendering services to an eligible patient undergoing treatment with an investigational drug under Right to Try. It also clarifies that any health plan or third-party administrator is not liable for outstanding debt related to such treatment. Mississippi Right to Try bypasses the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without first obtaining FDA approval. This procedure directly conflicts with the federal expanded access program and sets the stage to nullify it in practice.

The new law provides additional legal protections for medical facilities and insurers, making it more likely patients will be able to access experimental treatments and medication under Mississippi law.

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