What do Right to Try Laws Mean for EHR Vendors?

Posted on August 24, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

I recently received an email from the Goldwater Institute which outlined the passing of “right to try” laws across the country. For those not familiar with this, right to try laws basically gives a terminally ill patient the option to try a drug that’s currently in clinical trials, but isn’t yet approved for public use. There are a lot more intricacies to the law, but you get the idea. Here’s the details of which states have passed it or are working on right to try laws:

Right To Try has passed in:
Alabama, Arizona, Arkansas, Colorado, Florida, Illinois, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, North Carolina, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming

The bill is still under active consideration and could pass this year in:
California, Pennsylvania, Wisconsin, and the District of Columbia

Right To Try has also been introduced in:
Connecticut, Delaware, Georgia, Hawaii, Kansas, Kentucky, Maine, New Hampshire, New Jersey, New York, Ohio, Rhode Island, West Virginia

With 24 states having passed a right to try law, that’s almost a majority of states. As I see this unfold, I wonder what it means for EHR vendors. My guess is that most of the right to try paperwork is still done on paperwork and EHR vendors have almost nothing to do with it. I wonder if that’s the best thing. Should EHR vendors facilitate things like right to try?

One challenge with getting EHR vendors involved is that no EHR vendor wants to implement a regulation that’s essentially different in 50 states (or at least different in 24 states today). I’m sure there are some legal and political reasons why these laws are being passed by states. I have to imagine it has to do with our dysfunctional government in Washington. However, a state by state path to right to try means no EHR vendor will consider implementing a streamlines application process. It’s just too complex and won’t add enough value to their users.

It’s too bad that a national right to try law can’t be passed. Then, I could see an EHR vendor streamlining the application process. They could integrate a database of current clinical trials so that they could make doctors aware of what clinical trials are available and could be considered for their patient in this situation. I guess this piece is possible on a state by state basis, but it certainly wouldn’t be as elegant as one national standard.

As it stands, I don’t see any EHR vendor really building out this functionality on a state by state basis. Maybe that means it’s a great opportunity for a startup company. Then, they can integrate the functionality into the EHR using an EHR’s API (once those finally happen).