New HampshireHB17352025-2026 Regular SessionHouseWALLET

(New Title) relative to the practice of pharmacy, the dispensing of certain medications by pharmacists, and permitting treatment of certain severe illness under the right to try act.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

More patients and custom treatments covered

The law now covers people with chronic and debilitating illnesses, not just those who are terminal. It clearly includes custom, one‑patient treatments based on your genes, like antisense oligos and neoantigen vaccines. Custom treatments must be given with a New Hampshire facility that holds a Federalwide Assurance for human‑subject protections.

Access expands, but insurers don't have to pay

Manufacturers can offer an investigational drug, biologic, or device. They can give it free or charge you and set payment plans. They can ask you to share data about your use. Insurers and state agencies do not have to cover these costs, so you may pay out of pocket.

Legal shields and no duty to treat

Doctors, pharmacists, makers, and facilities are protected from most lawsuits when key conditions are met. A treating and a consulting physician must confirm a terminal or qualifying severe illness. The doctor must find no good FDA‑approved option, and the patient or representative must give written informed consent. There must be no willful or reckless misconduct. Custom one‑patient treatments must involve an eligible New Hampshire facility. The medical board and health department cannot punish a doctor or licensed facility mainly for taking part. Companies and providers do not have to enroll you in a trial or give an experimental treatment.

Easier access by telehealth and remote consent

A New Hampshire provider can prescreen you by telehealth even if you are in another state, after a doctor has diagnosed a terminal or qualifying severe illness. You can sign informed consent remotely if a notary or a licensed provider witnesses it. A parent or guardian may sign for a minor or someone who lacks capacity.

Patients can ask court to intervene

If officials violate this law, a patient with a terminal or qualifying severe illness can ask the superior court to stop them. Providers and facilities involved in the care can also ask the court. The court can award reasonable attorney’s fees.

Sponsors & Cosponsors

Sponsor

Brian D Cole
Republican • House

Cosponsors

Dan McGuire
Republican • House
Daniel E. Innis
Republican • Senate
Erica J Layon
Republican • House
JD Bernardy
Republican • House
Jeanine M Notter
Republican • House
Jordan G. Ulery
Republican • House
Keith R. Murphy
Republican • Senate
Sherri L Reinfurt
Republican • House
Steven Kesselring
Republican • House
Unknown sponsor (PersonID 11371)
Affiliation unavailable
Victoria Sullivan
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 195 • No: 160

Senate vote • 6/4/2026

Ought To Pass w/ Amendment - Remainder

Yes: 14 • No: 9

House vote • 3/11/2026

OTPA

Yes: 181 • No: 151

Actions Timeline

Signed by Governor Ayotte 07/10/2026; Chapter 311; eff. I. Sec 14-19 eff prov sec 21 II. Secs 1-13 eff 9/8/2026 III. Rem eff 7/10/2026
7/16/2026House
Enrolled (in recess of) 06/04/2026 HJ 15 P. 56
7/1/2026House
Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15
6/30/2026Senate
House Concurs with Senate Amendment 2026-2134s (Rep. Roy): MA VV 06/04/2026 HJ 15
6/4/2026House
Senator Birdsell moved that HB 1735 be Read a Third Time and Final Passage in the Early Session; MA; VV, 06/04/2026; SJ 14
6/4/2026Senate
Sen. Birdsell Moved to suspend all rules necessary to permit the consideration of HB 1735 at the present time and if adopted, to permit third reading and final passage in the early session, 2/3 necessary, MA, VV; 06/04/2026; SJ 14
6/4/2026Senate
The Chair ruled the Question Divisible; 06/04/2026; SJ 14
6/4/2026Senate
Ought to Pass with Amendment on the Remainder of the Bill and effective date, RC 14Y-9N, MA, OT3rdg; 06/04/2026; SJ 14
6/4/2026Senate
Ought to Pass with Amendment on Sections 1-13 and the Effective Date; MA; VV, 06/04/2026; SJ 14
6/4/2026Senate
Sen. Birdsell Moved to divide the Question on Ought to Pass with Amendment with the first vote on Sections 1-13 and the Effective Date and the second vote on the remainder of the bill and the Effective Date; 06/04/2026; SJ 14
6/4/2026Senate
Sen. Rochefort Floor Amendment # 2026-2134s, AA, VV; 06/04/2026; SJ 14
6/4/2026Senate
Refer to Interim Study, MF, VV; 06/04/2026; SJ 14
6/4/2026Senate
Sen. Rochefort Moved Ought to Pass; 06/04/2026; SJ 14
6/4/2026Senate
Sen. Rochefort Moved to Remove From Table, MA, VV; 06/04/2026; SJ 14
6/4/2026Senate
Pending Motion Interim Study; 05/14/2026; SJ 12
5/14/2026Senate
Sen. Birdsell Moved Laid on Table, MA, VV; 05/14/2026; SJ 12
5/14/2026Senate
HB 1735 was Removed from the Consent Calendar; 05/14/2026; SJ 12
5/14/2026Senate
Committee Report: Referred to Interim Study, 05/14/2026; Vote 3-2; CC; SC 18
5/7/2026Senate
==RECONVENE== Hearing: 04/02/2026, Room 103, SH, 02:45 pm;
4/1/2026Senate
==RECESSED== Hearing: 04/01/2026, Room 100, SH, 09:30 am; SC 12
3/25/2026Senate
Introduced 03/12/2026 and Referred to Health and Human Services; SJ 7
3/17/2026Senate
Ought to Pass with Amendment 2026-0850h: MA RC 181-151 03/11/2026 HJ 7 P. 204
3/11/2026House
Amendment # 2026-0850h: AA VV 03/11/2026 HJ 7 P. 203
3/11/2026House
Minority Committee Report: Inexpedient to Legislate
2/25/2026House
Majority Committee Report: Ought to Pass 02/11/2026 (Vote 10-8; RC) HC 10 P. 52
2/25/2026House

Bill Text

Enrolled
6/30/2026
HTML
Introduced
12/17/2025
PDF
CHAPTERED FINAL VERSION
PDF
Version adopted by both bodies
PDF

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