1. Short title This Act may be cited as the Right to Try Act . 2. Use of unapproved medical products by patients diagnosed with a terminal illness (a) In general Notwithstanding the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.), the Controlled Substances Act ( 21 U.S.C. 801 et seq.), and any other provision of Federal law, the Federal Government shall not take any action to prohibit or restrict— (1) the production, manufacture, distribution, prescribing, or dispensing of an experimental drug, biological product, or device that— (A) is intended to treat a patient who has been diagnosed with a terminal illness; and (B) is authorized by, and in accordance with, State law; and (2) the possession or use of an experimental drug, biological product, or device— (A) that is described in subparagraphs (A) and (B) of paragraph (1); and (B) for which the patient has received a certification from the patient’s treating physician in accordance with subsection (b). (b) Physician certification A certification by the patient’s treating physician referred to in subsection (a)(2)(B) must include each of the following: (1) A certification that the physician— (A) is in good standing with the physician’s certifying organization or board; and (B) has personally examined the patient. (2) A certification that there is no reason to conclude the experimental drug, biological product, or device poses an unreasonable and significant risk of danger to the patient. (3) A certification that the patient has been diagnosed with a terminal disease or condition and does not have any treatment options that— (A) are comparable to treatment using the experimental drug, biological product, or device or otherwise satisfactory