Are Physicians Morally Obligated to Prescribe Experimental Therapies?
A doctor reassuring a patient.
The federal 'Right to Try' bill in the United States recently passed the House and requires Senate approval before it becomes law. The bill would provide patients access to experimental drugs and other products that have not received approval from the Food and Drug Administration (FDA), including stem cell treatments.
It's not enough to act on a hunch that it might work.
Most folks think this is a good thing, but several express concern over whether the law would truly help patients. Even if a company allows patients to access an experimental drug, an important question remains: Should a doctor prescribe it?
Before such a drug can be prescribed, the federal bill states that a physician must "certify" that the patient has exhausted all available treatments or does not meet the criteria for standard treatment. Even after determining eligibility, a physician needs to consider a few points first. It's not enough to act on a hunch that it might work. The concept of medical innovation could help doctors figure out if prescribing an experimental treatment is the right thing to do.
Medical innovation falls within the doctor's scope of practice. Based on their experience and sound scientific rationale, physicians can "innovate" and offer treatment tailored to a patient with the goal of improving health. This differs from the goal of clinical research, which is to produce generalizable knowledge, not necessarily to benefit patients. In medical specialties like surgery, many of the standard procedures were developed through medical innovation, not clinical trials. Under the 'Right to Try,' a physician could ethically prescribe an experimental therapy as medical innovation if the following conditions are met.
Medical innovation should follow similar ethical and scientific oversight as clinical research.
First, there must be sound scientific rationale, and evidence of safety and efficacy of the innovative treatment from preclinical (animal and lab) research or clinical (human) research. The 'Right to Try' bill permits access to experimental products only after safety is demonstrated from a phase 1 clinical trial. This initial testing, called "first in human," aims to determine safety and dosing of an experimental product on typically around 20 to 100 people who are healthy volunteers or have a condition. This way, a physician can be assured that there is some evidence indicating the product is safe.
Efficacy must be demonstrated in animal and lab preclinical studies in order to gain permission from the FDA to do a phase 1 trial in the first place. This way, a doctor can also be assured that sound scientific rationale exists indicating a potential benefit to the patient. Only through further phase 2 and 3 clinical trials on hundreds or more people would a doctor know with greater certainty that the therapy works, but this might take many more years.
A doctor should not completely rely on what others in the scientific community think about the experimental treatment and should have appropriate expertise. This includes knowledge about the disease, familiarity with treating such patients, and an understanding of how the experimental treatment works, including administering it.
Second, medical innovation should follow similar ethical and scientific oversight as clinical research. Physicians should write a protocol for administering the experimental therapy and have it reviewed by clinical, scientific, and ethics experts at their institution. A protocol would include all the information on how the doctor would provide the therapy to patients, including dosages, monitoring, what happens if there are side effects, and much more. The experts would examine various components of the plan, look at informed consent, and ensure a favorable benefit-to-risk ratio, among other aspects.
When weighing whether to prescribe an experimental treatment, doctors need to base this decision on sound science and relevant clinical experience, not on hope or desperation.
Third, doctors should properly inform their patients about the risks (including if the risks are unknown), possible benefits, and the details of the procedure to be undertaken, and they must obtain the patient's consent.
Fourth, physicians should thoroughly monitor and diligently document all aspects of the outcomes of the procedure, various clinical indicators, and adverse events. During the course of providing an experimental therapy, if harm to a patient occurs, the physician is obligated to alter the course of the treatment or stop it. Similarly, if evidence from an ongoing clinical trial shows that the experimental treatment might help some but not all patients, the doctor needs to modify the plan accordingly.
Fifth, upon completing the experimental treatment, physicians should publish their findings to share the knowledge. Note that medical innovation is not meant to replace clinical trials. The two can be complementary, and medical innovation can lead to the design of clinical trials to demonstrate safety and efficacy.
Other experts may not agree that it can be ethical for a physician to prescribe an unapproved drug. Such dissenters would claim that physicians should only prescribe medications when there is substantial scientific and clinical certainty that a product is safe and effective for patients. They are also likely to oppose most forms of medical innovation. Yet even after undergoing rigorous clinical trials, some approved products have been shown to be unsafe or ineffective and are removed from the market.
While it seems that more evidence is better, doctors need to be mindful that patients are suffering and some may never receive access to drugs still in the pipeline. Bound by the Hippocratic Oath – the main tenet being "do no harm" – doctors are obligated to prescribe therapies that will help their patients. When weighing whether to prescribe an experimental treatment, doctors need to base this decision on sound science and relevant clinical experience, not on hope or desperation. Given that patients who want to participate in the 'Right to Try' movement have exhausted all other options and their condition may be worsening, it would seem ethically appropriate for a physician to treat them with an experimental drug, as long as the criteria listed above are satisfied.
The views expressed are the author's personal views, and do not necessarily reflect the policy or position of Mayo Clinic.
Here's how one doctor overcame extraordinary odds to help create the birth control pill
Dr. Percy Julian had so many personal and professional obstacles throughout his life, it’s amazing he was able to accomplish anything at all. But this hidden figure not only overcame these incredible obstacles, he also laid the foundation for the creation of the birth control pill.
Julian’s first obstacle was growing up in the Jim Crow-era south in the early part of the twentieth century, where racial segregation kept many African-Americans out of schools, libraries, parks, restaurants, and more. Despite limited opportunities and education, Julian was accepted to DePauw University in Indiana, where he majored in chemistry. But in college, Julian encountered another obstacle: he wasn’t allowed to stay in DePauw’s student housing because of segregation. Julian found lodging in an off-campus boarding house that refused to serve him meals. To pay for his room, board, and food, Julian waited tables and fired furnaces while he studied chemistry full-time. Incredibly, he graduated in 1920 as valedictorian of his class.
After graduation, Julian landed a fellowship at Harvard University to study chemistry—but here, Julian ran into yet another obstacle. Harvard thought that white students would resent being taught by Julian, an African-American man, so they withdrew his teaching assistantship. Julian instead decided to complete his PhD at the University of Vienna in Austria. When he did, he became one of the first African Americans to ever receive a PhD in chemistry.
Julian received offers for professorships, fellowships, and jobs throughout the 1930s, due to his impressive qualifications—but these offers were almost always revoked when schools or potential employers found out Julian was black. In one instance, Julian was offered a job at the Institute of Paper Chemistory in Appleton, Wisconsin—but Appleton, like many cities in the United States at the time, was known as a “sundown town,” which meant that black people weren’t allowed to be there after dark. As a result, Julian lost the job.
During this time, Julian became an expert at synthesis, which is the process of turning one substance into another through a series of planned chemical reactions. Julian synthesized a plant compound called physostigmine, which would later become a treatment for an eye disease called glaucoma.
In 1936, Julian was finally able to land—and keep—a job at Glidden, and there he found a way to extract soybean protein. This was used to produce a fire-retardant foam used in fire extinguishers to smother oil and gasoline fires aboard ships and aircraft carriers, and it ended up saving the lives of thousands of soldiers during World War II.
At Glidden, Julian found a way to synthesize human sex hormones such as progesterone, estrogen, and testosterone, from plants. This was a hugely profitable discovery for his company—but it also meant that clinicians now had huge quantities of these hormones, making hormone therapy cheaper and easier to come by. His work also laid the foundation for the creation of hormonal birth control: Without the ability to synthesize these hormones, hormonal birth control would not exist.
Julian left Glidden in the 1950s and formed his own company, called Julian Laboratories, outside of Chicago, where he manufactured steroids and conducted his own research. The company turned profitable within a year, but even so Julian’s obstacles weren’t over. In 1950 and 1951, Julian’s home was firebombed and attacked with dynamite, with his family inside. Julian often had to sit out on the front porch of his home with a shotgun to protect his family from violence.
But despite years of racism and violence, Julian’s story has a happy ending. Julian’s family was eventually welcomed into the neighborhood and protected from future attacks (Julian’s daughter lives there to this day). Julian then became one of the country’s first black millionaires when he sold his company in the 1960s.
When Julian passed away at the age of 76, he had more than 130 chemical patents to his name and left behind a body of work that benefits people to this day.
Therapies for Healthy Aging with Dr. Alexandra Bause
My guest today is Dr. Alexandra Bause, a biologist who has dedicated her career to advancing health, medicine and healthier human lifespans. Dr. Bause co-founded a company called Apollo Health Ventures in 2017. Currently a venture partner at Apollo, she's immersed in the discoveries underway in Apollo’s Venture Lab while the company focuses on assembling a team of investors to support progress. Dr. Bause and Apollo Health Ventures say that biotech is at “an inflection point” and is set to become a driver of important change and economic value.
Previously, Dr. Bause worked at the Boston Consulting Group in its healthcare practice specializing in biopharma strategy, among other priorities
She did her PhD studies at Harvard Medical School focusing on molecular mechanisms that contribute to cellular aging, and she’s also a trained pharmacist
In the episode, we talk about the present and future of therapeutics that could increase people’s spans of health, the benefits of certain lifestyle practice, the best use of electronic wearables for these purposes, and much more.
Dr. Bause is at the forefront of developing interventions that target the aging process with the aim of ensuring that all of us can have healthier, more productive lifespans.
