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  1. Learn About Expanded Access and Other Treatment Options

The FDA published a final rule, Annual Summary Reporting Requirements Under the Right to Try Act, which specifies the deadline and content for annual reports by sponsors or manufacturers who provide an eligible investigational drug under the Right to Try Act. Manufacturers or sponsors who have participated in the Right to Try program should submit annual reports to RTTAnnualReports@fda.hhs.gov. Sponsors may use the Right to Try annual reporting form.

FDA Right to Try Fact Sheet

The Right to Try Act is one way for patients who have been diagnosed with life-threatening diseases or conditions who have tried all approved treatment options and who are unable to participate in a clinical trial to access certain investigational treatment options. FDA’s role in implementing the Right to Try Act is limited to receiving and posting certain information submitted to the agency. 

For patients with serious or immediately life-threatening diseases or conditions, the FDA remains committed to enhancing access to promising investigational medicines for those unable to access investigational medical products through clinical trials. This is the mission of our expanded access program. The agency is dedicated to these purposes, and it has been for more than three decades.

The Right to Try Act permits/allows eligible patients to have access to eligible investigational drugs.

A patient who is eligible for Right to Try is a patient who has:

  • Been diagnosed with a life-threatening disease or condition
  • Exhausted approved treatment options and is unable to participate in a clinical trial involving the eligible investigational drug (this must be certified by a physician who is in good standing with their licensing organization or board and who will not be compensated directly by the manufacturer for certifying)
  • Provided, or their legally authorized representative has provided, written informed consent regarding the eligible investigational drug to the treating physician

An eligible investigational drug is an investigational drug:

  • For which a Phase 1 clinical trial has been completed
  • That has not been approved or licensed by the FDA for any use
  • For which an application has been filed with the FDA or is under investigation in a clinical trial that is intended to form the primary basis of a claim of effectiveness in support of FDA approval and is the subject of an active investigational new drug application submitted to the FDA
  • Whose active development or production is ongoing, and that has not been discontinued by the manufacturer or placed on clinical hold by the FDA

If you are interested in Right to Try, you should discuss this pathway with your doctor. Companies who develop and make drugs and biologics can provide information about whether their product is considered an eligible investigational drug and whether they are able to provide the product under the Right to Try Act. Ultimately, companies developing drugs for life-threatening diseases or conditions are responsible for determining whether to make their products available to patients who qualify for access under the law.




  • FDA is available to answer questions regarding the Right to Try Act. Patients with specific Right to Try requests should consult their physician.
  • For investigational drugs, contact druginfo@fda.hhs.gov or 301-796-3400.
  • For investigational biologics, contact industry.biologics@fda.hhs.gov or 240-402-8020 or 800-835-4709.
  • For annual reporting requirements, contact RTTannualreports@fda.hhs.gov.
  • For general questions, or if you are unsure, contact patientaffairs@fda.hhs.gov or 301-796-8460.
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