1. Short title This Act may be cited as the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018 . 2. Use of unapproved investigational drugs by patients diagnosed with a terminal illness (a) In general Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb et seq.) is amended by inserting after section 561A ( 21 U.S.C. 360bbb–0 ) the following: 561B. Investigational drugs for use by eligible patients (a) Definitions For purposes of this section: (1) The term eligible patient means a patient— (A) who has been diagnosed with an eligible illness; (B) who has exhausted approved treatment options and is not eligible to participate in (for a reason such as the patient not meeting inclusion criteria) a clinical trial designed to evaluate an investigational drug for the treatment of such eligible illness with which the patient has been diagnosed, including one involving the eligible investigational drug, or for whom participation in such a clinical trial is not feasible (for a reason such as a lack of geographic proximity to the clinical trial), as certified by a physician, who— (i) is in good standing with the physician’s licensing organization or board; and (ii) will not be compensated for so certifying; and (C) who has provided to the treating physician written informed consent, as described in part 50 of title 21, Code of Federal Regulations (or any successor regulations), regarding the eligible investigational drug, or, as applicable, on whose behalf a legally authorized representative of the patient has provided such consent. (2) The term eligible investigational drug means an investigational drug (as such term is used in section 561)— (A) for which a phase 1 clinical trial has been completed; (B) that has not been approved or licensed for any use under section 505 of this Act or section 351 of the Public Health Service Act