Bills / S.B. 222
S.B. 222 Right to Try Amendments
- Introduced
- Senate committee
- Senate vote
- House committee
- House vote
- Signed into law
What this bill does
The bill would expand Utah's Right to Try law so patients with eligible illnesses that are not necessarily terminal can seek investigational drugs or devices that have passed phase one trials. It would also broaden the definition of medicinal dosage form to cover formulations beyond liquid suspensions.
Plain-English summary written by AI from the official description. Check the official text below.
Official description
- allows a patient to obtain an investigational drug or device in additional circumstances
- amends the definition regarding the forms a medicine may take
- creates a reporting requirement for manufacturers
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Every vote
- 3 yes, 1 no, 3 absentSenate Health and Human Services Committee: vote to approve it · Feb 3, 2026Who voted how
- 23 yes, 0 no, 6 absentFirst of two Senate votes · Feb 20, 2026
- 24 yes, 0 no, 5 absentFinal Senate vote · Feb 23, 2026
- 10 yes, 0 no, 4 absentHouse Health and Human Services Committee: vote to approve it · Feb 27, 2026Who voted how
- 67 yes, 0 no, 8 absentFinal House vote · Mar 5, 2026Who voted how
Hearings and debates
- Feb 3, 2026 Senate Health and Human Services Committee▶ Watch
Transcript (23 turns)
- Committee chair56:03
You. Thank you. We'll now call SB two two two. Right. To try amendments. Senator Wilson.
- Sen. Chris H. Wilson56:22
Thank you, Mr. Chair. I appreciate you Wade for me. Sorry, I just presenting in another committee and, uh, thank you. Um, SB 2 22 is the proposed amendment to the Utah Right to Tri Act. I'm joined, joined by John Dahlstrom, and I'll have him introduce himself when, uh, when I'm done presenting and he can have some comments. Uh, the pro, the proposed bill amends, the Utah Right to Try Act Utah code the section 58 85 and amends the definition, uh, under section 58 85 dash 1 0 2. So that eligible patient is one with an eligible illness and removes a definition requirement for a terminal illness. This is in line with what other states, Texas, Montana, and California have done with their right to try statutes to provide better for the health, safety and welfare of their citizens, granting individual patients and their attending licensed physicians. Greater access and opportunities to critical medicines, procedures and treatments that have passed phase one clinical trials when an eligible illness poses a substantial and ongoing and, um, can commensurate risk. And not only when such illnesses are deemed terminal, the amendment also expands the definition of medical dosage form to provide for formulations as opposed to liquid suspensions. Thus clearly expanding investigational treatment options and options for patients and their licensed physicians. The current problem with Utah's right to try statute can be summarized as follows. Utah has a right to try statute, but does not lead the nation for investigational treatment options for patients having an illness posing a substantial risk. But is it, but is that present? Non terminal Utah has been attracting medical technology and growth opportunities to help in the fight in the cancer and the other serious diseases. Utah been successful in attracting manufacturers of pharmaceutical devices and drugs to treat these patients. Part of that process includes clinical trials of drugs awaiting final approval by the FDA in order to help Utah become the leader in medical manufacturer and treatment of patients fighting cancer and other illnesses. Utah's right to try law should lead the nation to allow for these types of treatments and at least should be an on par with other states, including Texas, California, Montana, to encourage the development and innovation of these technologies. Most important, the changes to the law also puts the right to decide into the hands of attending physicians and their patients, and minimizes overly restrictive, largely federal regulations that keep innovation and lifesaving technologies from reaching patients who are dealing with high risk illness that should be eligible for treatment, ultimately are blessed to have RTT statute and legislation as a compassionate step that has allowed patients who are terminally ill or facing imminent death to receive, invest investigational drugs or devices as treatment options. However, the current definition leaves behind thousands of patients who have incurable and severely debilitating progressive and incurable conditions. Conditions that may kill them eventually, but for now are seriously affecting their quality of life, health, enjoyment, and mobility, even though they're being stripped of their faculties. The current law does not allow these patients access to new procedures and innovative medications and technologies under licensed physicians care that have already underwent phase one clinical trials. These patients have exhausted all government approved options. They should not have to wait while they're fighting for their health. And in some cases, their lives. This def definition will now include eligible patients who are fighting for a right to the future. And if I, if I can, Mr. Chair, I would like to have, uh, Mr. Dahlstrom talk a little bit about, um, maybe who he works for and a little bit about some of the, um, technologies you've been working on would be
- Unknown speaker1:00:25speaker not certain
Great. Sure. That forward? Uh, yeah.
- John Dahlstrom, Wasatch Group1:00:28
Hello, my name's, uh, John Dahlstrom. I'm Executive Vice President and General Counsel for the Wasatch Group. Um, we have a, a, uh, real estate investment and venture fund that's, uh, been very involved in attracting, uh, these types of, uh, investigational and, uh, uh, uh, innovative, uh, drug manufacturers to the state. Uh, Sano Inc. Is a company that started in California, but in the last three years has moved its operations here to Utah in order to, um, create, uh, radioisotopes for use in, uh, creating cancer treatment. Uh, one of the more, um, uh, popular cancer treatments that you, you may have seen advertised is a drug by Novartis called pto, which is a, uh, radioligand therapy drug that uses, um, a radioisotope, uh, to, uh, go into the patient's bloodstream and then actually attach to and kill the cancer for prostate cancer. This drug was originally in, uh, trials, uh, has been approved for use. Uh, it was originally approved for use, uh, post chemotherapy and, uh, was very effective, uh, in the 90, 90 percentile, uh, effective in treating, uh, cancer at that level and has been recently approved, uh, for use prior to, uh, chemotherapy, which, um, allows patients to get this type of treatment much earlier. Um, with nanos manufacturing facility here in Utah. Other drug manufacturers who would, who are interested in being located near the source of these radioisotopes, which in some cases have very short half-lifes, uh, in order to gain, uh, the ability to create drugs that can be used for a, uh, the, the maximum period of their, um, effectiveness. Um, have already, uh, joined nano here in Utah in, uh, the facility that we're developing out in, uh, West Valley City, uh, that we call the Medical Innovation Technology Center. Um, uh, these are international companies that are, uh, looking for cures for cancer and for treatment for, uh, using isotopes. Uh, uh, they, there are many, uh, potential, um, uh, drugs like this that could be developed but aren't, uh, are awaiting, uh, approval or awaiting the ability to get into, uh, trials, uh, change like this in the law, uh, to match that, that, um, other states have done that, uh, allow for a broader base of patients to be able to, uh, benefit, uh, from the, uh, innovations that have been created will allow for a larger, um, amount of trials to be done and for cures like this to be found more, uh, readily and, uh, uh, provided to more different types of cancer and more patients. And so we are, uh, very interested in seeing that Utah continue the, the, uh, great steps it's taken in, in, uh, passing a right to try law by, uh, amending this statute to allow it to be available to those beyond just, uh, terminal patients. But those that are, have, um, exhausted, uh, the other, uh, options that they have, although they may not be terminal, they also can, uh, benefit from the, uh, uh, drug, uh, use.
- Committee chair1:04:16
Okay. Thank you. He'll bring this back to committee. Senator Plumb.
- Sen. Jen Plumb1:04:22
Uh, thank you, Mr. Chair. It, I have these dueling brains about this because part of me loves the hope that we can cure some of the things that we haven't been able to cure. And then part of me has the fear that we can give people hope that they perhaps doesn't really exist for them. And there's a risk of medications that comes with that and cost that comes with that. And so I'm trying to kind of balance it out in my mind, having, you know, been through cancer with my dad and he, he made it 12 years with multiple myeloma when I was in med school. That wasn't even cure. Like there were no cures. And then he was able to make it 12 years with these really pretty phenomenal advancements that came. And so I'm wondering if you've thought about how do we ensure some guardrails there about making sure that we have safety profiles and we have disclosure pieces, and also that we are, um, adequately informing patients, uh, who aren't medically savvy most of the time. I know you hope, here's what I want you to know. The reality is of the possibilities, are there pieces, uh, that we've considered about that in, in this sort of policy?
- Sen. Chris H. Wilson1:05:34
Speak to Yeah, yeah. Uh, yeah, I can speak to that. The great thing is that we already have a good statute here in Utah, and it does address a lot of what you've talked about. Um, the, uh, patients are, uh, required to give informed consent in order to participate. Plus the physician really is the gatekeeper on this to make sure that the treatment that they're proposing, you know, falls within the, um, the, uh, uh, expertise of their profession and also the ethical guidelines of their profession. So those are already in the statute that we have. All we're saying is let's expand that beyond just those that are already, um, really too sick to, to overcome their illness to people who might benefit from these treatments, you know, at an earlier stage, uh, before they're terminal. And, uh, what this will do is open up the hope and ability for those people, you know, before they have to go through other treatments that may make them sicker to try these treatments that can be beneficial and keep them from more, uh, dangerous and more, uh, uh, uh, uh, extreme treatments
- Sen. Jen Plumb1:06:47
Follow up. If I could go ahead. So does that, do you mean that the statutes in the way we're set up in Utah right now require it to be like under an IRB approved process? And when we say investigational, there's actual study, you know, the study guidelines have been set up and the conflicts of interests make it clear that the physician's not making, you know what I mean? There are things that influence people to sometimes understood.
- Sen. Chris H. Wilson1:07:06
Yeah. So these are phase one drugs. So they've met the requirements to enter into a phase one trial. So our, our statute currently limits the, the, its, uh, provisions to phase one drugs. So we we're not asking to change that. We're merely saying that what we'd like to do is expand the ability to use the statute that we currently have that's looked into all of the questions that you've just raised so that a larger population can benefit from it.
- Sen. Jen Plumb1:07:34
So, but the IRB piece, do you know if that's in there or did, maybe Seth can ask there. 'cause that would be really important to me. I think that's where I feel most comfortable, that patients are protected with institutional review boards who are, um, not con not they don't have conflict of interest pieces and they are truly, like on the safety side. Um, that IRB piece would be really critical to me. Right.
- Sen. Chris H. Wilson1:07:58
Well, there are requirements for the patient to give informed consent, uh, in consultation with the physician. That's what's currently in the, in the statute. Okay.
- Committee chair1:08:08
Okay. Thank you. Good. Senator Escamilla,
- Sen. Luz Escamilla1:08:14
Just thank you, you, Mr. Chair question maybe to staff. So does not change the I-I-I-R-B process, correct? No. So it will follow the same process like you would do
- Unknown speaker1:08:23speaker not certain
that's already in place and policy? That's correct.
- Committee chair1:08:26
Okay. Thank you. Okay. Thank you. Okay, we'll go to the public and for the public, which to speak to this, please come forward.
- Michelle McOmber, Utah Medical Association1:08:42
Thank you, Mr. Chair. Michelle MCC with the Utah Medical Association. Again, um, we appreciate the senator working with us on this. We, we have some issues with way it's currently drafted, but I think we can work through those issues. And some of them are, are some of the issues that you had mentioned, uh, Senator Plumb. And we think eligible illness is just a little bit too broad in this, uh, this bill. And it also takes out some of this about, uh, presents the patient after the patient has explored conventional therapy options and doesn't, and it strikes that out completely. So we think we will be able to work with the senator to get to where we are comfortable. But right now, as the bill is drafted, we are not comfortable. But he has committed to work with us, so we appreciate that. Thank you.
- Committee chair1:09:23
Thank you. Anyone else from the public? Go ahead.
- Kelvin Cullimore, Bio Utah1:09:26
Kelvin Cullimore, CEO of Bio Utah. Uh, not commenting necessarily on the patient side of this, but from the industry side of it, uh, this bill is very moderate compared to some in other states, uh, Montana in particular. Um, and so we feel like it's a, a step in the right direction. We had a company just recently who approached us and said that they were moving their company to Montana because of the freedom that they had for the, um, right to try in that particular state. And so it does open up some clinical trial options and, uh, we very much support that as it helps with innovation in the state of Utah, so would support the bill.
- Committee chair1:10:07
Okay. Thank you. Anyone else from the public? Seeing none, we'll come back to committee for further action. Um, Senator, anybody? Senator Escamilla.
- Sen. Luz Escamilla1:10:19
Thank you, Mr. Chair. I, yeah, I wanna make a motion, uh, we move, uh, to support SB 2 22 to the Senate. And if I can speak to that motion, Mr. Chair, It's in order. Thank you. And I, I appreciate the medical association providing that feedback, and I know if the Senator has committed to work on that, I, I I think it's important that we get that delicate balance. Um, we do wanna move an access, provide people with access to, to all of this, you know, technology and, and, and good stuff that's happening with the framework that's needed to protect them. So I'm looking forward to seeing it in the Senate, those changes. But I, I feel is with the timing, moving the bill to the Senate, knowing that the senator knows how, how this works, we'll, we'll see changes for sure on the Senate floor. So I, I feel comfortable with that. Thank you,
- Committee chair1:11:06
Senator. Okay. Thank you. Discussion to the motion.
- Sen. Chris H. Wilson1:11:10
See none back to the bill sponsor. Uh, thank you, Mr. Chair. I appreciate that. And I, I'm just excited. I, I went through a, a, um, um, in fact, I think I did with the good Senator Ana when we went through and the, the technology they're working on is just unbelievable. And, and my concerns are the same with you. And, and in, in talking, uh, I, I I, I very confident we'll be able to come up with some language and working with, with Michelle. So, uh, I'm just excited. The technology is somebody who's just gone through, you know, not myself, but in a very close family member who is, is who's currently, uh, battling cancer. Uh, I, I, I hope the hope is there. I hope, I hope we can, uh, be able to give people, uh, you know, a chance to have a normal life and, uh, standard living. I just appreciate, uh, uh, the, the chair and the committee and let's all, um, I appreciate the support on the bill. 'cause like I said, what, what they're doing there is incredible. And to be able to bring other, other companies here, I think will help establish Utah as, as a, a place of innovation that we know we are. So thank you, Mr. Chair.
- Committee chair1:12:13
Okay. Thank you. Back to the making the motion waive. Okay. The motion for us to pass out favorably SB 2, 2 2. All in favor say aye. Aye. Aye. Any opposed? Aye. Once. So we have one, two, it's out of order. Yeah, it's, it's three to one. The bill passes. Thank you. Sorry. Senator Plumb. No, it's okay. Impeccable. Okay.
- Feb 20, 2026 Senate floor debate▶ Watch
Transcript (12 turns)
- Sen. J. Stuart Adams (presiding)52:09
Senator Wilson. Thank
- Sen. Chris H. Wilson52:11
You Mr. President. I do need to move a first sub on Motion to sub's an order.
- Sen. J. Stuart Adams (presiding)52:19
Uh, go ahead and explain the substitute if you
- Sen. Chris H. Wilson52:21
Would. Yeah, Juab. Basically we just, we've been looking on, uh, compromised language between the Utah Medical Association and the representatives from New Saana on this bill. And I think we've come to a compromise. So that's what basically we've just been massaging some of the language.
- Sen. J. Stuart Adams (presiding)52:36
Thank you for that explanation. Uh, discussion on the motion to substitute Seeing not I'll place the motion. The motion is to lead and title and body, uh, senate bill 2 22 and replace it with first substitute Senate bill 2 22. All in favor say aye. Aye. Aye. Any opposed? Rule of motion passes. The bill is substituted, uh, now to the bill.
- Sen. Chris H. Wilson53:01
Thank you Mr. President. Uh, sb uh, 2 2 2. The first substitute amends Utah's existing right to try statute to expand access to investigational drugs and devices for seriously ill patients. The bill broadens the class of patients eligible to seek unapproved treatments and while adding protections for that new class of patient. Regarding investigational products used to treat eligible illnesses, it creates a new pa uh, patient category eligible illness previously Utah's right to try law applied only to patients with a terminal illness. SB 2 22 adds a second qualifying category. An eligible illness is a condition that presents a substantial and severely debilitating or life-threatening risk as determined by a physician and for which the patient has explored conventional therapies and found no satisfactory or comparable treatment option. This means patients with serious but not necessary terminal conditions such as debilitating chronic illness may now qualify to seek investigational treatments. The prior definition required a physician to determine the illness will inevitably lead to death and poses greater risk than the investigational treatment. SB 2 22 now separately includes cancer as a qualifying terminal illness when diagnosed by a broad board certified oncologist, even if it's not deemed, inevitably is fatal, it adds an active clinical investigational requirement for patients seeking treatment for an eligible illness not terminal illness. Both investigational drugs and investigational devices must now have completed phase one FDA testing same as the prior law and be currently undergoing an active clinical investigation or IDE investigation that compiles complies with all applicable FDA regulations. The FDA regulations require things like patient con consent and IRB approval. The bill replaces liquid suspension with the broader liquid formulation, which encompasses, uh, a wider variety of liquid-based medicines including solutions emulsions and suspensions. SB 2 22 operates alongside but does not alter federal or state informed consent requirements. Uh, I think that'll conclude, uh, presentation. Mr. President, be happy to answer any questions.
- Sen. J. Stuart Adams (presiding)55:35
Thank you, Senator not seeing questions to your bill. I may it go to you for a motion.
- Sen. Chris H. Wilson55:40
Appreciate that. Thank you Mr. President. I move that SB 2 22 first sub be read a third time. Thank
- Sen. J. Stuart Adams (presiding)55:47
You. The question is, shall first substitute Senate Bill 2 22? Be read a third time roll call vote.
- Senate clerk (roll call)55:52
Senator Vickers Baldry Flu in Brammer bus Colmore Aye. Escamilla Fillmore Grover Harper a Kins Aye. Ipson Johnson. Aye. K Juab McKay Mikel Milner Musselman Owen Pitcher Plum Rebi Aye. Sandal Stevenson Stratton. Yes. Bickers Weiler Aye. Wilson Aye. Winterton Musman Aye. President Adams
- Sen. J. Stuart Adams (presiding)56:52
Aye. First substitute Senate Bill 2 22, having received 23 yay votes, zero nay votes, six being absent shall be read A third time
- Sen. J. Stuart Adams (presiding)57:02speaker not certain
Senate concurrent resolution. Five. Senate concurrent resolution. Five. Concurrent resolution directing PEHP regarding pain medication. Senator Weiler.
- Feb 23, 2026 Senate floor debate▶ Watch
Transcript (7 turns)
- Sen. Chris H. Wilson40:40
Uh, yeah, there's a second sub online that I'd like to move.
- Presiding officer40:45
Um, okay.
- Sen. Chris H. Wilson40:48
Basically what this sub does is it, it will require manufacturers of investigative, uh, drugs or devices to report back, uh, information Consum consum, uh, uh, about number of patients eligible illnesses and any out adverse outcomes that they've, uh, been able to attribute to these devices. Come back to the Health Human Services interim committee, uh, to report. So it's just a return, a report from the manufacturers is what this sub does and I, my intent would be is after we move it, is to circle it and wait for the physical note to catch up. Thank you. Discussion.
- Presiding officer41:28
The motion to delete entitle embody first substitute Senate bill 2 22 and replace it with second substitute Senate bill 2 22. Seeing no discussion. All in favor say aye. Aye. Any opposed? I'll rule that passes. The bill is substituted
- Sen. Chris H. Wilson41:42
Now a motion, uh, Mr. President Pro temp to circle second substitute Senate bill 2 2 2.
- Presiding officer41:47
Uh, the motion is to circle all in favor of circling Senate bill second substitute Senate bill 2 22. Say aye. Aye. Aye. Any opposed? I'll rule that passes. The bill is circled. SCR five Senate concurrent resolution. Five. Concurrent resolution directing PEHP regarding pain medication. Senator Weiler. Senator Weiler.
- Sen. Todd Weiler42:11
Thank you. Uh, Mr. President.
- Feb 23, 2026 Senate floor debate▶ Watch
Transcript (17 turns)
- President Pro Tempore (presiding)38:50
The bill is Uncircled. Senator Wilson.
- Sen. Chris H. Wilson38:52
Thank you Mr. President Prote. Uh, this morning I was able to substitute, uh, this bill and, uh, luckily the, uh, uh, fiscal note caught up with it. Uh, what, what this right to try does. We've had some amazing things going on with ano down in West Valley and some of the isotopes they've been doing. So we've been working with Utah Medical Association and representatives from Sano to come up with a new patient category of eligible illnesses. This, uh, bill expands the definition of terminal illness, adds an active clinical investigation requirement, updates the definition of medicinal dosage form. It does not alter the federal or state informed consent requirements. This morning, if you remember, uh, I had some help from the, the Good Center from Salt Lake County and, uh, add we also added a, a portion where the manufacturer of the investigative drug or investigative device, we'll return to the Health Human Services interim Committee each year to report on the number of patients the eligible illnesses and adverse outcomes likely attributable to the investigational drug or investigational device. Um, and so, or anything else that the, that manufacturer determines to be relevant. Uh, with that, Mr. Present Prote, be happy to answer any questions. Thank
- President Pro Tempore (presiding)40:09
You for the presentations, our discussion to the bill saying none to this one. Senator Wilson, back to you.
- Sen. Chris H. Wilson40:17
Thank you Mr. President Prote, uh, I move that second substitute Senate Bill 2 22 pass.
- President Pro Tempore (presiding)40:26
Okay. No, not on this one. Okay. And the question is, shall second substitute Senate Bill two twenty two pass. Roll call vote.
- President Pro Tempore (presiding)40:34
Senator Vickers. Baldy Aye. Lewin Aye. Brammer bus? Aye. Comore Aye. Ms. Camilla Aye. Fillmore Aye. Grover Aye. Harper? Aye. Hankins Aye. Ipson Aye. Johnson? Aye. K. Juab? Aye. McKay, Mikel Milner Aye. Mussman Owens Aye. Pitcher Plum hang.
- Sen. Jen Plumb41:11
Senator Plumb President pro Tem, I just, uh, wanted to rise and, uh, acknowledge the good sponsor for all of the work that went into trying to make multiple people feel more comfortable with this bill and to work on the language as well as to work on, uh, a bit of a reporting structure. And it, it, it's always nice when you get to the point where you can switch your vote from a no to an aye. And with that, IM an aye.
- President Pro Tempore (presiding)41:37
Senator Vickers. Rebe Sandal Stevenson Stratton Vickers Aye. Weiler Aye. Wilson. Aye. Winterton President Adams Second substitute Senate Bill 2 22 Having received 2048 votes, zero nay votes five being absent passed the Senate will be sent to the house for further consideration.
- President Pro Tempore (presiding)42:04
Senator Mikel, Motion to Uncer. Okay. Senate bill 1 92 Motion is to Uncer Senate Bill 1 92. Legislative Activities amendments. Discussion. That motion saying None. All in favor say aye. Aye. Aye. Any opposed? I'll rule that passes. The bill is Uncircled. Senator Mikel.
- Sen. Ann Millner42:26
Thank you. This was the Legislative Management Committee bill. This has been a work in progress. Last year I had this bill came through and, and we we had some auditor changes in this bill and it became contentious and we didn't, we didn't actually pass the bill, so we brought this bill back this year, some move it forward. This deals with creating uniform policies with Legislative Management Committee. Um, we adopt sexual discrimination policies through, through this both the House and the Senate. Together we deal with when, when committees can go out and procure, uh, do procurement. But with that, it's, it's been, it's been a work in progress. And I'm open for questions.
- President Pro Tempore (presiding)43:05
Thank you for the presentation. Is there a discussion to this bill? Seeing none. Senator ml back to you for summation or
- Sen. Ann Millner43:12
Thank you. I'm gonna waive and and move this bill pass.
- President Pro Tempore (presiding)43:15
And the question is, shall Senate bill one ninety two pass Roll call vote. Senator Spery Aye. Lewin Aye. Rammer bus Aye. Colmore Aye. Ask Camilla. Aye. Fillmore Aye. Roper Harper Aye. Kins Aye. Ipson Aye. Johnson Juab McKay Aye. Mikel Milner Musselman Owens pitcher Alum Rebe Sandal Stevenson Stratton Bickers Weiler Aye. Wilson Aye. Winterton President Adams Senate Bill 1 92, having received 24 a volt zero na volts five being absent passed to the Senate will be sent to the house for further consideration.
- President Pro Tempore (presiding)44:31
Senator Mikel,
- Sen. Ann Millner44:33
Thank you. Um, move to circle second substitute Senate bill 21.
- President Pro Tempore (presiding)44:38
The motion is to Unci second substitute Senate Bill 21 Geothermal amendments. Discussion. That motion Seeing none. All in favor say aye. Aye. Aye. Any opposed? I'll rule that passes the bills on circled Senator Mikel.
- Sen. Ann Millner44:51
Thank you Mr. President. Tim, I move to adopt Senate Amendment number one in my name
- Feb 27, 2026 House Health and Human Services Committee▶ Watch
Transcript (26 turns)
- Sen. Chris H. Wilson1:55:56
Thank, thanks. Madam Chair. Apologize to that just came in from, uh, the house education we was, was presenting and so I I really appreciate this. I know it's Friday afternoon. Thank you so much for waiting. Obviously time is, is is, uh, is is short for the next week or so. So, uh, what, what SB 2 22 and, and I'm, it looks like John, it looks like John Dahlstrom is joining with, with me here and also, uh, looks like, um, you wanna wait then? That's okay. Alright. SB 2 22, um, amends Utah's existing right to try statute to expand access to investigation, investigational drugs and devices for seriously ill patients. The bill broadens the class of patients eligible to seek unapproved treatments and while adding protections for that new class of patient regarding investigational products used to treat eligible illnesses, it creates a new patient category eligible illness. It expands the definition of terminal illness. It adds an active clinical investigation requirement. So in other words, still you have to do a phase one FDA TE testing, um, and you have to be currently undergoing an active clinical investigation or IDA investigation That comp complies with all applicable FDA regulations. It updates the definition of medicinal dosage form and it replaces liquid suspension with the broader liquid formulation, which Encomp en encompasses a wider variety of liquid based ME medicines, including solutions, emulsions and suspensions. One thing it does not do, it does not alter the current consent law. Uh, it for the both federal and state informed consent requirements. Um, I'm trying to decide, I'm trying to edit here. Try and make your time worthwhile. So, uh, make sure I can cover things that might, you might have questions about. Um, I, let me mention one other thing that we did. Um, this, this has been where this bill came from and, and is many of you have heard about. Ano is a new company at West Valley that is doing radioactive isotopes, just really cutting edge, uh, technology. So we were working with them. We've also been able to work very closely with the Utah Medical Association. And, uh, a lot of this, uh, language we were able to work with them on and have them neutral. The other thing we did is we added with a second sub a manufacturer, if a manufacturer, investigative drug or investigative device provides an investigative drug or device to a patient located in the state, then basically the manufacturer shall report information back to the Health and Human Services interim committee before November 1st that follows the day the drug or device was provided. They'll provide number of patients the eligible illnesses and the adverse, uh, outcomes, if any, uh, that were likely attributable to the investigation drug or vascular device. This was something that we added was we had a couple, um, or one, one Senator who, who, uh, just felt that it was important for them to come back and report their findings, which they have to do for the FDA also. So that's something that we added to the, to, to the bill. Uh, Madam Chair, I'd be happy to answer any questions. Um, I've got, like I said, John Dahlstrom from from, uh, ano here. We also have Jeff Ste is also here to answer any questions. And like I said, it's kind of a cutting edge. We really appreciate, I don't if anybody's been able to go down and toward ano and what they're doing in that new facility. It's unbelievable what they're trying to do. So, um, I'm, go ahead and have John or Jeff, whoever, like to have a little bit of information and have a statement, if that's okay, Madam Chair. That's fine.
- John Dahlstrom, Wasatch Group1:59:46
Okay. My name's John Dahlstrom. I'm executive Vice president and General Counsel for Wasatch Group, and we're developing a medical innovation and technology campus out in West Valley City. As a part of that, we've attracted several tenants to this area. The key tenant that is, has been mentioned is Sano Inc. And they, um, produce radioisotopes that are used in what's called radioligand therapy, which is a new kind of therapy for cancer to, to kill cancer. And it's been successful in a drug called, uh, PTO that's, um, currently, uh, being produced by Novartis. Uh, and the PTO drug's been so successful. There's a lot of other manufacturers who are looking at ways to use this type of treatment to cure other types of cancer beyond just, uh, prostate cancer. And so some of the other tenants that are locating here in Utah in order to be near the source of these radioisotopes that have short half lives. So being close to the, the actual manufacturer of the isotopes is an, is a key element to this are, are moving to Utah to create what we hope will be a new hub for radioligand therapy manufacturing. And so, um, part of the process in developing a drug, I think most people are aware is clinical trials that take place in order to prove the drugs up are, we're, we have a good law in Utah that was passed back in 2015 that allows for right to try for drugs that haven't completed the FDA approval process so that, um, more people can benefit from, from those that are, um, showing signs of success in treating cancer. The, the thing that we're changing with this legislation is expanding the population of patients that can use, uh, these, uh, experimental drugs from those who are terminally ill to those who have, have tried everything and no longer have any options. They don't necessarily need to be terminally ill, but they need to be without other option to, uh, treat their illness. And so what that'll do is it'll, it'll make available to more people the opportunity to benefit from these drugs that are effective against, uh, the diseases that they have.
- Unknown speaker2:02:13speaker not certain
Did you wanna say anything? I'll say something if I, if I could just Sure. Yeah, go ahead. Short statement, Very short statement, because I know everybody's time's precious, but I was just gonna say, you know, in working on this bill, uh, our group, uh, worked very closely with the Utah Medical Association, worked very closely with their, uh, president Lane Childs, uh, Dr.
- Committee chair2:02:30
Sorry. Can you introduce yourself?
- Jeff Steed, Steed Group2:02:32
Yeah. So My name's Jeff Steed. I'm the CEO of Thete group. Right, thank you. So we're a group that, uh, is outta DC but, uh, this is our first Utah session, so, uh, happy to be here, but I, I would just say that, uh, this is, uh, bill that we worked very closely with the Utah Medical Association, others in the community to get the right language. Right. And, and since that time, uh, we've been Fielding a lot of calls from a lot of other companies, not just Sano and not just, uh, you know, John's group, but a lot of other calls, uh, from a lot of folks who are looking to Utah now to move their operations here, because we have, in my opinion, drafted the most thoughtful statute in the nation. Uh, more thoughtful than Texas, more thoughtful than Montana. We're really proud of what we accomplished in a very collaborative effort here. Alright, thank you. And with that Madam Chair, I think that will, uh, conclude our presentation. We're happy to answer any questions, uh, that the, the committee may have. So, great.
- Committee chair2:03:27
Thank you. We'll bring it back to the committee for any clarifying questions.
- Unknown speaker2:03:31speaker not certain
Representative ch Thank you, Madam Chair. I am just curious to know, under this bill, would patients be allowed to choose non-pharmaceutical remedies that show some promise for taking care of whatever is killing them? I guess
- John Dahlstrom, Wasatch Group2:03:49
Go, go ahead, John. Yeah, I, that that was the intent. Yeah. Non-pharmaceutical. So non-pharmaceutical as well. You know, you know, it has to, it has to go through phase one trial.
- Unknown speaker2:03:59speaker not certain
Okay. And, and, and, and so, um, and when you, when you say non-pharmaceutical, I think what you're saying is non Okay, non-drug, or are you saying, well, For example, vitamin CI, There's, there is a lot of evidence that vitamin C heals in a lot of ways. And I'm just curious because I had a friend who died in the hospital. Mm-hmm. She was requesting vitamin C therapy and they refused to give it to her because it might kill her. So she died.
- John Dahlstrom, Wasatch Group2:04:31
I, you know, as long as that, uh, I, I'm, I'm a little bit uncertain on certain vitamins, but Absolutely. If it's a, if a, if it's a device or it's a drug, uh, that is passed through through phase one trial, they can apply for it.
- Unknown speaker2:04:44speaker not certain
Yes. Okay. So, and, and if the illness is eligible, I should say, well,
- John Dahlstrom, Wasatch Group2:04:48
So that is pharmaceutical, that not non-pharmaceutical Devices Is, it's with, uh, for phase one, it'd be things that are regulated by the Food and Drug Administration in their, uh, and so it'd be limited to those that are under the auspices of the FDA.
- Unknown speaker2:05:05speaker not certain
Okay. Thank you. Thank you.
- Committee chair2:05:10
Any other clarifying questions? I'm not seeing any, so we'll go to the public. Is there anybody else in the public that wants to comment on this? There's one. Come on up. Stay here. Okay. Alright. Alright. And just make sure you introduce yourself and who you represent.
- Jeff Hartley, High Tech Solutions2:05:37
Oh, thank you. Chair, hall and committee. My name is Jeff Hartley. I represent a company called High Tech Solutions. They're in the nuclear power business. I just, this committee doesn't get to hear much about nuclear power and the generation side, um, or the lifecycle of nuclear that's coming to Utah through Operation Gigawatt and the state's efforts. I just wanted to make note of the, the fact that when we talk about the full lifecycle of, of nuclear in Utah, including recycling, this is what these gentlemen do, is a great example of the recycling end of what can be done with nuclear fuel. And it's, um, there will be more and more technologies that come to the state that spin off from the ability to have, um, the isotopes that are available within nuclear fuel. And I just wanted to let you know that this is part of the bigger lifecycle. So thank you.
- Committee chair2:06:28
Thank you. And make sure you sign the paper at the desk. Anyone who's commented, by the way as well. Thank you. All right. We'll bring it back to the committee for any, oh, wait, one more.
- Kelvyn Cullimore, Bio Utah2:06:42
Sorry. Oh, I Try, I'm, I'm easy to miss. I thought that was Chris coming. I thought that was Senator Wilson coming back. No, I'm not that young. I'm Kelvin Cullimore, uh, CEO of Bio Utah. We support this bill. Thank
- Committee chair2:06:57
You. Thank you, Kelvin. Oh, we have a question for you, Representative Ward? No, I thought we were On. Oh, nevermind, nevermind. Come. I think we're all ready to, it's been a long day. All right. We'll bring it back to the committee for discussion or action. Representative Ward.
- Rep. Raymond P. Ward2:07:12
Thank you madam. Uh, chair, I would like to make a motion that we favorably recommend Senate Bill 2 22 sub two.
- Committee chair2:07:20
That motion is in order. Do you wanna speak to that? Uh,
- Rep. Raymond P. Ward2:07:22
I, I, I think we've had a good presentation. Okay.
- Committee chair2:07:25
All right. We'll take it to the committee for any comments, not seeing any, we'll take it to the sponsor for final summation.
- Sen. Chris H. Wilson2:07:33
No, this really is Exciting technology. I really appreciate, uh, what we can become here at Utah down in West Valley with this, this health complex. It's gonna be really neat. So thank you Madam Chair.
- Committee chair2:07:44
Thank you. All right. Um, back to this maker of the motion. I'll waive. All right. Motion is to pass forward with a favorable recommendation, SB 2 22, sub two. That's gotta be lucky, right? All in favor say aye. Aye. Aye. Any opposed? That motion passes unanimously.
- Sen. Chris H. Wilson2:08:05
Madam Chair Committee members, thank you so much for soering. Appreciate that. All right, thank you.
- Committee chair2:08:10
Thank you. All right.
- Mar 5, 2026 House floor debate▶ Watch
Transcript (5 turns)
- Speaker Pro Tem (presiding)1:40:18
Second substitute Senate Bill 2 22 Right to try amendments by Senator Wilson. This bill was heard in Health and Human Services with a vote and zero four. The House sponsors Representative Clancy, Representative Clancy.
- Rep. Tyler Clancy1:40:31
Thank you Mr. Speaker Pro Tem, Mr. Speaker pro tem. If you had a loved one who was suffering from an illness that was, had progressed so far, that, that the medicine and the treatments that they were taking was, was not, uh, being successful, you would want to do everything you can to try and find an opportunity for treatment or for a cure for your loved one. Senate Bill 2, 2 2 expands judiciously. The, the Utah's right to try law and the right to try law is, uh, what allows individuals who are experiencing grievous illnesses where they're, they're essentially on death's door to try and find even if it's an experimental, uh, treatment to do. So many of you are familiar with the story of Charlie Gard in, uh, the United Kingdom. There's a young boy who, uh, a young, a young baby who had a terminal illness and, but because of the laws in, in that, uh, land, they were not allowed to seek the, uh, experimental treatments that were available in different places across the country. But Senate Bill 2 2 2 has been crafted very intentionally to make sure that we are following all of federal guidelines that currently exist about informed consent about, uh, review boards. But there's also another piece that I think it makes this law even better, which is, uh, at the very end of this legislation in line 70 to, uh, 84, this legislation as we expand it judiciously, there'll also be a reporting mechanism to make sure that any of these treatments or, um, opportunities to expand the right to try will be reported to the legislature in the Health and Human Services interim committee. So Mr. Speaker ProAm, I think this is a great opportunity to give our families the opportunity to just try something that may work, to have that health freedom, to make those choices and hopefully in the process save lives. Thank you, Mr. Speaker, pro Tem.
- Speaker Pro Tem (presiding)1:42:54
Thank you, Representative Clancy discussion to the bill. See none. Representative Clancy for summation.
- Rep. Tyler Clancy1:43:02
I waive. Thank you. Summation is waived.
- Speaker Pro Tem (presiding)1:43:04
Voting is open on second substitute Senate Bill 2 22 Right to try amendments, seeing all present, having voted voting will be closed. Second substitute Senate Bill 2 22 having received 67 yay votes and zero nay votes will be signed by the Speaker pro tem and transmitted to the Senate for the signature of the president. Madam Reading Clerk for communications from the Senate.