Last updated June 2026
This page is for general informational purposes only. It is not legal advice and not medical advice. Consult qualified legal counsel and a licensed physician before acting on anything described here. Nothing on this site is an offer to treat. Eligibility and informed consent are determined by licensed physicians under applicable law.
The Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 became Public Law 115-176, signed May 30, 2018. It is codified at 21 U.S.C. 360bbb-0a. It creates a pathway for an eligible patient to seek access to an eligible investigational drug outside a clinical trial, without a separate authorization of the individual request by the United States Food and Drug Administration.
An eligible patient is a person diagnosed with a life-threatening disease or condition who has exhausted approved treatment options, cannot participate in a clinical trial of the drug, is certified by a treating physician in good standing who is not directly compensated by the manufacturer, and has given written informed consent. An eligible investigational drug is one that has completed a Phase 1 trial, has not been approved or licensed for any use under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, is the subject of an active investigational new drug application, and remains in ongoing active development and not on clinical hold.
The federal Act does not require any manufacturer or sponsor to provide a product. By its own terms it does not create a new entitlement or a positive right to treatment, and it cannot create a cure or effective therapy where none exists. The FDA role is limited to receiving and posting annual summary reports. Official sources: Public Law 115-176 and the FDA Right to Try page.
Any cell, tissue, exosome, or other regenerative therapy referenced anywhere on this site is investigational. It is not approved or licensed by the FDA. There are no FDA approved exosome products. Exosomes intended to treat disease in humans are regulated as drugs and biological products under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act and are subject to premarket review.
Human cells, tissues, and cellular and tissue based products are governed by 21 CFR Part 1271. A product that meets every criterion in 21 CFR 1271.10(a), including minimal manipulation and homologous use, may be regulated solely under section 361 of the Public Health Service Act. A product that does not meet those criteria is regulated as a drug, device, or biological product and requires premarket review, which for an unapproved biologic means a 351(a) biologics license application supported by an active investigational new drug application. Expanded Access, also called compassionate use, is a separate FDA pathway for access to investigational products outside a trial.
Nothing on this site is an offer to treat or a solicitation to receive treatment. Whether any therapy is appropriate, available, or lawful for a given person is determined solely by a licensed physician under applicable law, with informed consent. There is no guarantee of any outcome.
The federal Right to Try Act applies nationwide. In addition, 42 states have enacted their own Right to Try laws. The table below lists each jurisdiction, whether it has a state law, the statutory citation, and a link to an official government source. States shown without a state law rely on the federal Act.
| Jurisdiction | State law | Citation | Source |
|---|---|---|---|
| Alabama | Yes | Ala. Code 22-5D-1 to 22-5D-9 | Official source |
| Alaska | Yes | Alaska Stat. 08.64.367 | Official source |
| Arizona | Yes | Ariz. Rev. Stat. 36-1311 to 36-1314 (Prop 303, 2014) | Official source |
| Arkansas | Yes | Ark. Code 20-15-2101 to 2111 (Act 374, 2015) | Official source |
| California | Yes | Cal. Health & Safety Code 111548-111548.5 (AB 159, 2016) | Official source |
| Colorado | Yes | Colo. Rev. Stat. 25-45-101 to 108 (HB14-1281) | Official source |
| Connecticut | Yes | Conn. Gen. Stat. 21a-70g (P.A. 15-179) | Official source |
| Delaware | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| Florida | Yes | Fla. Stat. 499.0295 | Official source |
| Georgia | Yes | O.C.G.A. 31-52-1 to 31-52-10 (HB 34 / Act 422, 2016) | Official source |
| Hawaii | No | No enacted state Right to Try statute (SB2023 of 2024 did not become law). Federal Act applies. | Federal Act applies |
| Idaho | Yes | Idaho Code 39-9401 to 39-9409 | Official source |
| Illinois | Yes | 410 ILCS 649 | Official source |
| Indiana | Yes | Ind. Code 16-42-26 (SEA 73, 2015) | Official source |
| Iowa | Yes | Iowa Code 144E.1-144E.7 | Official source |
| Kansas | Yes | K.S.A. 65-694 (2025) | Official source |
| Kentucky | Yes | Ky. Rev. Stat. 217.5401-217.5408 | Official source |
| Louisiana | Yes | La. R.S. 40:1300.381 to 1300.386 (HB 891, 2014) | Official source |
| Maine | Yes | Me. Rev. Stat. tit. 22, 2671-2677 | Official source |
| Maryland | Yes | Md. Health-General 21-2B-01 et seq. | Official source |
| Massachusetts | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| Michigan | Yes | Mich. Comp. Laws 333.26451-333.26457 (Act 345, 2014) | Official source |
| Minnesota | Yes | Minn. Stat. 151.375 | Official source |
| Mississippi | Yes | Miss. Code 41-131-1 et seq. (SB 2485, 2015) | Official source |
| Missouri | Yes | Mo. Rev. Stat. 191.480 | Official source |
| Montana | Yes | Mont. Code 50-12-101 to 50-12-110 | Official source |
| Nebraska | Yes | Neb. Rev. Stat. 71-9601 to 71-9611 | Official source |
| Nevada | Yes | Nev. Rev. Stat. 454.690 | Official source |
| New Hampshire | Yes | N.H. Rev. Stat. ch. 126-Z | Official source |
| New Jersey | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| New Mexico | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| New York | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| North Carolina | Yes | N.C. Gen. Stat. ch. 90, art. 23A | Official source |
| North Dakota | Yes | N.D. Cent. Code 23-48-01 to 23-48-05 | Official source |
| Ohio | Yes | Ohio Rev. Code 4731.97 | Official source |
| Oklahoma | Yes | Okla. Stat. tit. 63, 3091.1 to 3091.7 | Official source |
| Oregon | Yes | 2015 Or. Laws ch. 819 (HB 2300) | Official source |
| Pennsylvania | Yes | Right-to-Try Act, Act 33 of 2017 (P.L. 347) | Official source |
| Rhode Island | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| South Carolina | Yes | S.C. Code 44-137-10 to 44-137-70 | Official source |
| South Dakota | Yes | S.D. Codified Laws ch. 34-51 (HB 1080, 2015) | Official source |
| Tennessee | Yes | Tenn. Code 63-6-301 to 309 (Pub. Ch. 376, 2015) | Official source |
| Texas | Yes | Tex. Health & Safety Code ch. 489 | Official source |
| Utah | Yes | Utah Code 58-85-101 to 107 (HB 94, 2015) | Official source |
| Vermont | No | No state Right to Try statute. Federal Act applies. | Federal Act applies |
| Virginia | Yes | Va. Code 54.1-3442.1 to 54.1-3442.4 | Official source |
| Washington | Yes | RCW ch. 69.77 | Official source |
| West Virginia | Yes | W. Va. Code 16-51-1 et seq. | Official source |
| Wisconsin | Yes | Wis. Stat. 450.137 | Official source |
| Wyoming | Yes | Wyo. Stat. 35-7-1801 to 1806 (SF 3, 2015) | Official source |
| District of Columbia | No | No Right to Try statute. Federal Act applies. | Federal Act applies |
Citations were checked against official government sources. Links open official legislature, code, or enrolled-bill pages. Some official state portals render only in a full browser. This table is informational and is not legal advice.
Nothing on this site is an offer to treat. Any therapy discussed is investigational, is not FDA approved, and carries no guaranteed outcome. Eligibility and informed consent are determined by licensed physicians under applicable law. For legal questions, consult qualified counsel. For medical questions, consult a licensed physician.