House fails to pass 'right to try' bill amid Dem objections

House fails to pass 'right to try' bill amid Dem objections
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The House failed to pass “right to try” legislation on experimental drugs Tuesday evening after Democrats expressed safety concerns over how the measure would let patients bypass the Food and Drug Administration (FDA).

In a vote of 259-140, the bill fell short of the necessary two-thirds support to send it to the Senate. The House had voted for the measure under suspension of the rules.

Despite the bill's failure Tuesday, House Majority Leader Kevin McCarthyKevin Owen McCarthyWatchdog: Custodial staff alleged sexual harassment in lawmakers' offices John Legend, Chrissy Teigen lash out at Trump at Dem retreat Republicans call for ex-Trump lawyer Cohen to be referred to DOJ MORE (R-Calif) said in a statement that "the House will not let this be the end."

"We will try again, pass legislation, and bring hope to those whose only desire is the right to try to live," he said.

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“Right to try” is a priority for the White House, and Republican leaders on the House Energy and Commerce Committee unveiled a revised version of the bill over the weekend.

Before the vote, Speaker Paul RyanPaul Davis RyanAppeals court rules House chaplain can reject secular prayers FEC filing: No individuals donated to indicted GOP rep this cycle The Hill's Morning Report - Waiting on Mueller: Answers come on Thursday MORE’s (R-Wis.) spokeswoman tweeted: “Are Democrats really going to deny critically ill patients every opportunity to find treatment?”

Democrats have countered that the measure provides “false hope” given no requirement in the bill that drugmakers provide the medicines to those who ask.  

Specifically, the “right to try” bill would have let terminally ill patients request access to drugs the FDA hasn’t yet approved — and to do so without going through the agency. 

The revised version of the bill struck “the right balance for patients and their safety,” House Energy and Commerce Chairman Greg WaldenGregory (Greg) Paul WaldenConservative groups defend tech from GOP crackdown Overnight Health Care — Presented by PCMA — Sanders unveils new Medicare for all bill with backing from other 2020 Dems | White House slams Sanders' rollout | Drugmakers, 'middlemen' point fingers on insulin pricing House votes to reinstate Obama-era net neutrality rules MORE (R-Ore.) and health subcommittee chairman Rep. Michael BurgessMichael Clifton BurgessOvernight Health Care — Presented by PCMA — Sanders to roll out 'Medicare for all' bill | Dems target Juul over Altria ties | Measles cases spike nationwide GOP rep who supports lowering voting age: 'It's on us' if 16-year-olds vote Democratic Divisions emerge over House drug price bills MORE (R-Texas) said in a statement Sunday

But Democrats and patient advocacy groups quickly vocalized their concerns. More than 75 patient organizations sent a letter Monday to leadership in both parties saying they opposed the measure.

Rep. Frank Pallone Jr.Frank Joseph PalloneOvernight Health Care: DOJ charges doctors over illegal opioid prescriptions | Cummings accuses GOP of obstructing drug pricing probe | Sanders courts Republican voters with 'Medicare for All' | Dems probe funding of anti-abortion group House Democrats probe Trump administration's funding of anti-abortion group Overnight Energy: Bernhardt confirmed as Interior chief | Dems probing if EPA officials broke ethics rules | Senators offer bipartisan carbon capture bill MORE (N.J.), the the top Democrat on the House Energy and Commerce Committee, announced his opposition to the measure on Monday

Pallone and other opponents expressed concern that the bill could harm patient safety by bypassing the FDA. They also pointed to the agency’s compassionate use program, saying the FDA approves 99 percent of requests it receives to let a patient use an experimental drug.

“The review process is working well, but this legislation would completely take FDA out of the review process. This is dangerous, and could put patients at serious risk,” Pallone said during the House’s debate on the bill Tuesday.  

“FDA is part of the process for a reason: it protects patients from potentially bad actors or from experimental treatments that might do more harm than good.”  

Democratic leadership had signaled their concerns. A spokesman for House Minority Leader Nancy PelosiNancy Patricia D'Alesandro PelosiImpeachment? Not so fast without missing element of criminal intent 20 years after Columbine, Dems bullish on gun reform Hillicon Valley: House Dems subpoena full Mueller report | DOJ pushes back at 'premature' subpoena | Dems reject offer to view report with fewer redactions | Trump camp runs Facebook ads about Mueller report | Uber gets B for self-driving cars MORE (D-Calif.) wrote in an email Tuesday that the Democratic leader “will follow the lead of numerous patient and disease groups in opposing this legislation."

But the legislation’s supporters say terminally ill patients should have every tool at their disposal to try drugs that could potentially help them. They argue the bill is safe, as it requires a drug to have passed a phase 1 clinical trial and still be under FDA’s consideration. And they say applying to the FDA’s compassionate use program is onerous.

“I've heard that patients will be at risk, that they lose their safeguards,” Rep. Morgan GriffithHoward (Morgan) Morgan GriffithOvernight Energy: Senate Dems introduce Green New Deal alternative | Six Republicans named to House climate panel | Wheeler confirmed to lead EPA Six Republicans named to House climate panel House passes bill expressing support for NATO MORE (R-Va.), a member of the House Energy and Commerce Committee, said during the bill’s debate.

“They've received a terminal diagnosis. They know they are at risk. They don’t care about safeguards. They want to fight for life."

President TrumpDonald John TrumpImpeachment? Not so fast without missing element of criminal intent Feds say marijuana ties could prevent immigrants from getting US citizenship Trump approval drops to 2019 low after Mueller report's release: poll MORE called on Congress to pass the measure in his State of the Union speech in late January. The Senate passed the bill by unanimous consent over the summer, so that put the onus on the House to act.

Vice President Pence and groups backed by conservative mega-donors Charles and David Koch have also been staunch supporters of the measure.

On Tuesday, Democrats decried the process of putting the bill on the floor. 

The House held a hearing on “right to try” in October, but the specific bill released over the weekend did not have a hearing or a mark-up.

On the floor, Pallone expressed frustration that the House was voting on the bill Tuesday under suspension of the rules, a move typically reserved for noncontroversial, bipartisan bills — a concern Democratic leadership shared.

“This should have gone through the committee. This is a serious bill, an important bill, and we should consider it as such,” House Minority Whip Steny HoyerSteny Hamilton HoyerImpeachment? Not so fast without missing element of criminal intent Cummings on impeachment: 'We may very well come to that' The Hill's Morning Report — Mueller aftermath: What will House Dems do now? MORE (D-Md.) told reporters. 

“They put this on the suspension calendar on Saturday. We responded, after talking to — as we do our process, is we talk to the ranking member, ‘What is your view on this?’ The ranking member asked that we not vote for this because he believed and believes that it should be considered in committee and maybe make changes that will make it more acceptable.” 

Updated: 7:23 p.m.