Right-to-Try vs. Freedom-to-Try: Giving Hope to Millions with Chronic Disease

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Most people have heard of “Right to Try” laws – rules that let terminally ill patients seek experimental drugs not yet approved by the FDA.

But in Las Vegas, biotech executive Daniel C. Montano, founder of Zhittya Genesis Medicine (ZGM), is promoting something bigger and more Nevada-focused. He calls it “Freedom to Try.”

Montano’s company, based in southern Nevada, is developing a treatment that uses Fibroblast Growth Factor-1 (FGF-1) to grow new blood vessels and restore circulation.

His team believes this approach could help slow or even reverse chronic diseases such as Parkinson’s and Type 2 diabetes.

Now, Montano is taking that mission beyond the lab. He’s proposing a “Freedom to Try” ballot initiative in Nevada – a measure he says would advance medical innovations for desperately sick people while creating a major economic opportunity for the state.

What “Right to Try” Really Means

Congress passed the federal Right to Try Act in 2018 with bipartisan support.

The law lets patients with life-threatening illnesses – who have exhausted approved treatments and can’t get into a clinical trial – seek access to drugs that have completed initial safety testing (Phase I).

The FDA doesn’t review individual cases under this law; the decision rests mainly between a patient, their doctor, and the company making the drug.

Supporters call it a lifeline for people with no options.

But its limits are clear: it covers only those facing imminent death, not millions of Americans living with slowly progressive diseases that shorten lives over time.

What Montano Means by “Freedom to Try”

Montano’s proposed Nevada initiative expands that idea.

He argues that people battling serious but non-terminal diseases should also have access to promising, early-stage medical treatments when conventional options fail.

The Freedom to Try framework would allow qualified doctors in Nevada to use investigational therapies – such as ZGM’s FGF-1 – for patients who understand the risks and voluntarily consent.

In Montano’s view, government should not block patients who are “dying slowly” from choosing innovative care that might extend or improve their lives.

This is as much about freedom and fairness as it is about science. It’s a call for patients and physicians – not distant federal agencies – to decide when new options can be tried.

The concept lines up with a conservative belief in personal choice and limited government.

Instead of waiting years for bureaucratic approval, patients could make informed decisions alongside trusted doctors.

Why It Matters for Nevada

Montano ties his Freedom to Try proposal to Nevada’s broader economic future.

He describes the initiative as both a medical innovation plan and a growth strategy for the state. Nevada has been working to diversify beyond gaming and tourism.

A law that positions it as a hub for cutting-edge clinical research could attract biotech investment, create high-skill jobs, and make Las Vegas a center for regenerative medicine.

Groups like Nevada Bio have long promoted this direction, encouraging policies that attract private biotech funding.

Montano’s initiative would accelerate that trend, positioning Nevada as a national test site for responsible medical freedom and private-sector innovation.

Supporters and Critics

Supporters of Freedom to Try say the idea gives patients more control over their health and makes Nevada a leader in compassionate innovation.

They see it as a win-win: hope for patients, opportunity for the state.

Critics urge caution. They note that many experimental drugs fail in later-stage trials and warn that looser rules could invite exploitation or false hope.

Nevada’s medical community generally supports innovation but wants safeguards to ensure patient safety and scientific integrity.

Still, frustration runs deep among patients who feel trapped by red tape.

For them, Freedom to Try represents empowerment – a chance to take charge of their treatment when time and options are running out.

The Road Ahead

Montano’s company, Zhittya Genesis Medicine, continues to work on early-phase trials of FGF-1 for Parkinson’s, diabetes, and other circulation-related diseases.

In parallel, his Freedom to Try ballot initiative aims to appear on a future Nevada ballot, giving voters the chance to decide whether the state should open new pathways for access to investigational therapies.

If successful, the measure could make Nevada the first state in the nation to legally expand Right to Try to chronic and progressive diseases – a move that could influence national policy and bring more biotech companies to the Silver State.

The Bottom Line:

  • Right to Try: Federal law allowing terminally ill patients to access unapproved treatments after basic safety testing.
  • Freedom to Try: A proposed Nevada ballot initiative expanding that access to people with chronic, life-shortening diseases.
  • The Goal: Give patients more control, attract innovation, and make Nevada a model for both compassion and economic growth.

Montano’s message resonates with a simple principle: Nevadans should have the freedom to fight for their lives – and their state should have the freedom to lead in medical innovation.

The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.