Virginia would fund experimental treatment research if money becomes available

The Virginia Department of Health would manage a dedicated fund for research and treatment using experimental drugs granted breakthrough therapy status by the U.S. Food and Drug Administration (FDA). The fund would support treatment for post-traumatic stress disorder, treatment-resistant or major depression, and traumatic brain injury. The spending rules do not restrict patients to veterans. Spending would depend on state funding, donations, grants, or other money received. No funding amount is specified. Allowed uses would include clinical trials, treatment access programs, professional training, and studies of treatment delivery and costs. Treatment access for terminal or life-threatening conditions, including treatment-resistant mental health conditions, would follow the federal Right to Try Act or FDA expanded access program. The Department of Health would award money within 180 days of funds becoming available. Money and earned interest would remain in the fund across fiscal years until spent.

A six-member council would advise the Virginia Department of Health on grants and contracts supporting the fund. The council would advise on fund spending. The Department of Health would report findings and recommendations from funded studies to the Governor and General Assembly. The council would include two governor appointees, two delegates, and two senators, with a mix of relevant health and research experience. The senators would represent the majority and minority parties. Delegate appointments would follow the House's rules for proportional representation. Council appointments would be due within 60 days of enactment, and spending recommendations within 120 days. The department's study report would be due on or before December 1, 2027.

Virginia's Board of Pharmacy would match federal changes to legal controls on experimental drugs with FDA breakthrough therapy status. The requirement would cover experimental drugs granted breakthrough therapy status by the FDA. The requirement would apply if federal officials add, change, or remove a controlled-drug classification and the Board of Pharmacy receives notice. The board would amend its rules after 30 days have passed from publication of the final or interim final federal order or rule in the Federal Register.