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HB 1735

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.

2026 Regular Session Introduced by J.D. Bernardy and 6 co-sponsors

HB 1735 permits New Hampshire patients with severe illnesses to access experimental treatments outside FDA approval processes, expanding patient choice but raising safety and liability questions.

Enrolled (in recess of) 06/04/2026
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Bill Summary · HB 1735

Legislative bill overview

HB 1735 expands New Hampshire's right-to-try laws to permit patients with severe illnesses to access experimental treatments that have not yet completed FDA approval. The bill allows terminally ill or seriously ill patients to bypass standard regulatory pathways and use investigational drugs, biologics, or devices when conventional treatments are unavailable or have failed.

Why is this important

Right-to-try laws address a fundamental tension in medical regulation: balancing patient autonomy and access to potentially life-saving treatments against safety protections that require clinical evidence. This affects terminally ill patients who may have limited remaining options and manufacturers deciding whether to make experimental products available outside formal trials.

Potential points of contention

  • Safety vs. access trade-off: Expanded access to untested treatments may harm patients or provide false hope without safety data, versus denying desperate patients potential remedies
  • Definition of "severe illness": Determining which conditions qualify is subjective; overly broad definitions could pressure patients into risky treatments, while narrow definitions exclude those who might benefit
  • Liability and manufacturer participation: Unclear who bears responsibility if patients are harmed, and whether manufacturers will voluntarily provide experimental treatments without liability protections or trial participation incentives

Compiled from official sources — confirm details with the bill’s official record.

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