All Roll Calls
Yes: 195 • No: 160
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.
Sponsored By: Brian D Cole (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
More treatment options for seriously ill patients
Effective upon passage, New Hampshire expands Right to Try access to investigational drugs, biologic treatments, and devices. Patients qualify with a terminal illness or a chronic, severely debilitating illness confirmed by their physician and a consulting physician. Their physician must find no comparable or satisfactory FDA-approved treatment, and written informed consent is required. A parent or legal guardian can give consent where allowed, but cannot override an adult patient's documented wishes. Individualized investigational treatment requires a New Hampshire-licensed physician working with an eligible facility that meets federal human-subject protection requirements. New Hampshire-based physicians can prescreen diagnosed patients by live telehealth anywhere; consent can be signed remotely with an authorized witness. Participation remains voluntary for providers, facilities, and manufacturers, and the law does not guarantee a clinical trial spot.
Patients can challenge state treatment interference
Patients with a physician-diagnosed terminal or qualifying severe illness can ask New Hampshire superior court to stop a law violation. They must be affected by the violation and have received, be receiving, or be able to receive treatment in New Hampshire. Providers and facilities involved in their care can also petition. This remedy targets regulatory or law enforcement authorities that violate the Right to Try Act and includes reasonable attorney's fees. The law does not create a broad right to sue providers, facilities, or manufacturers for damages.
Patients face treatment charges and data requirements
Manufacturers can provide Right to Try treatments free or charge patients for manufacturing costs and arrange payment. They can also require patients to take part in treatment-related data collection. The law sets no price and does not require manufacturers to charge. It also does not require insurers or the state to pay for these investigational products.
Treatment providers gain protections from legal action
Manufacturers, pharmacists, providers, facilities, and others involved in care gain protection from lawsuits over treatment-related harm. Protection requires both physicians to confirm a qualifying illness, no satisfactory comparable approved treatment, and written informed consent. Consent by a parent or guardian cannot conflict with an adult patient's documented wishes. Individualized investigational treatment also requires a New Hampshire-licensed physician working with an eligible facility. Protection excludes willful or reckless misconduct, bad faith, and conduct meant to hasten death. The medical board cannot act against a physician's license mainly for recommending, prescribing, or providing Right to Try treatment. The state health department likewise cannot act against licensed facilities mainly for participating; other grounds for enforcement remain.
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
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
7/16/2026HouseEnrolled (in recess of) 06/04/2026 HJ 15 P. 56
7/1/2026HouseEnrolled Adopted, VV, (In recess 06/04/2026); SJ 15
6/30/2026SenateHouse Concurs with Senate Amendment 2026-2134s (Rep. Roy): MA VV 06/04/2026 HJ 15
6/4/2026HouseSenator Birdsell moved that HB 1735 be Read a Third Time and Final Passage in the Early Session; MA; VV, 06/04/2026; SJ 14
6/4/2026SenateSen. 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
6/4/2026SenateThe Chair ruled the Question Divisible; 06/04/2026; SJ 14
6/4/2026SenateOught to Pass with Amendment on the Remainder of the Bill and effective date, RC 14Y-9N, MA, OT3rdg; 06/04/2026; SJ 14
6/4/2026SenateOught to Pass with Amendment on Sections 1-13 and the Effective Date; MA; VV, 06/04/2026; SJ 14
6/4/2026SenateSen. 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
6/4/2026SenateSen. Rochefort Floor Amendment # 2026-2134s, AA, VV; 06/04/2026; SJ 14
6/4/2026SenateRefer to Interim Study, MF, VV; 06/04/2026; SJ 14
6/4/2026SenateSen. Rochefort Moved Ought to Pass; 06/04/2026; SJ 14
6/4/2026SenateSen. Rochefort Moved to Remove From Table, MA, VV; 06/04/2026; SJ 14
6/4/2026SenatePending Motion Interim Study; 05/14/2026; SJ 12
5/14/2026SenateSen. Birdsell Moved Laid on Table, MA, VV; 05/14/2026; SJ 12
5/14/2026SenateHB 1735 was Removed from the Consent Calendar; 05/14/2026; SJ 12
5/14/2026SenateCommittee 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
3/25/2026SenateIntroduced 03/12/2026 and Referred to Health and Human Services; SJ 7
3/17/2026SenateOught to Pass with Amendment 2026-0850h: MA RC 181-151 03/11/2026 HJ 7 P. 204
3/11/2026HouseAmendment # 2026-0850h: AA VV 03/11/2026 HJ 7 P. 203
3/11/2026HouseMinority Committee Report: Inexpedient to Legislate
2/25/2026HouseMajority 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
Introduced
12/17/2025
CHAPTERED FINAL VERSION
Version adopted by both bodies
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