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March 13, 2018
The Honorable Paul Ryan
Speaker
House of Representatives
H-232, The Capitol
Washington, DC 20515
The Honorable Nancy Pelosi
Minority Leader
House of Representatives
H-204, The Capitol
Washington, DC 20515
Dear Speaker Ryan and Leader Pelosi:
The undersigned cancer organizations, representing cancer
patients, health care professionals, and researchers, are
writing to express serious reservations about the latest
version of the Trickett Wendler, Frank Mongiello, Jordan
McLinn, and Matthew Bellina Right to Try Act, released on
March 10, 2018. We oppose the latest version of
right to try legislation because it removes the Food and
Drug Administration (FDA) from approval and consultation
in the expanded access process, a change that is not in
the best interest of people with cancer.
Our organizations have over many years sought to improve
access to investigational agents while still protecting
the research, development, and regulatory review of new
agents. We have focused on improvements to the
expanded access process, better communication about
expanded access to physicians and patients, and more
transparency from drug developers about their policies on
expanded access. These enhancements in the process –
and some efforts still underway or in implementation phase
– have made a substantial difference in how patients
obtain access to investigational agents.
As we have sought improvements in the process, we have
maintained that FDA should remain a part of the expanded
access process. The judgment of the agency about
patient access to investigational agents is critical to
protecting patients and ensuring them appropriate access
to investigational agents.
In fact, FDA approves virtually all the expanded access
requests that are presented to the agency. The
agency is not the obstacle to patient access to
investigational agents. If there are problems in
submitting requests to the agency, those problems might be
addressed through even more intensive education and
outreach. Expanded access to investigational agents
may be impeded by the decisions of drug developers
attempting to complete their development programs.
Right to try legislation will not address the decisions
that drug developers make regarding expanded
access.
We oppose the latest version of the right to try
legislation because it makes a hollow promise to patients
that, by removing FDA from the expanded access process,
they will be assured access to investigational
agents. And by removing FDA from the expanded access
process, the legislation eliminates important protections
for patients.
We urge that the House reject the right to try
legislation.
Sincerely,
Cancer Leadership Council
American Society of Clinical Oncology
CancerCare
The Children's Cause for Cancer Advocacy
Fight Colorectal Cancer
Hematology/Oncology Pharmacy Association
International Myeloma Foundation
The Leukemia & Lymphoma Society
Lymphoma Research Foundation
National Coalition for Cancer Survivorship
Prevent Cancer Foundation
Sarcoma Foundation of America
Susan G. Komen
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