Suffering patients deserve access to investigational treatments. In New Hampshire, HB 701 would expand access to drugs, biologics, and devices that have not yet been fully approved by the Food and Drug Administration (FDA) but could help patients who have no other options. HB 701 would release doctors and health care providers from potential lawsuits, prosecution, or regulatory action for giving such treatments with the informed consent of the patient or guardian.
HB 701 would also allow prescreening to be done through telehealth and permit patients or their guardians to give consent through remote signing.
The bill has passed both houses of the legislature and awaits Gov. Kelly Ayotte’s signature.
New Hampshire adopted right to try in 2016. Currently, only eight states have laws freeing doctors and providers to help terminally ill patients without fear of lawsuits and other adverse legal consequences. HB 701 would expand access to these vital treatments by freeing doctors and providers from legal consequences provided that the “manufacturer, pharmacist, facility, provider, or other person or entity has not engaged in willful misconduct,” which “shall include any conduct intended to hasten the death of the patient.”
In 2018, President Trump signed national Right to Try legislation, which allows terminally ill and untreatable patients to try medicines that are deemed safe but have not yet gained final approval from the FDA. Through the FDA process, the United States develops and approves more drugs than any other country in the world. The FDA regulates more than 21 cents out of every dollar spent by the American consumer, including more than 23,000 prescription drugs and 77 percent of the nation’s food supply.
Unfortunately, when approved treatments do not work for suffering patients, the FDA is simply too slow to respond. Those not included in a clinical trial or granted expanded access are left without hope. Patients shouldn’t have to wait for a winning lottery ticket to join a clinical trial.
The following documents provide useful information about Right to Try.
Text of New Hampshire House Bill 701-FN.
Expanded Right-to-Try Law Would Encourage More Innovative, Life-Saving Treatments
The Josiah Bartlett Center for Public Policy explains the reasons behind the proposed expansion of right to try in New Hampshire in 2025 and says the law could make the state “an incubator of innovative medical treatments.” The article argues, “Updating the state’s right-to-try law not only could save lives in New Hampshire, but it would encourage further medical innovation that could save the lives of untold others in the future.”
The Goldwater Institute explains right try, its pioneering work to expand patient choice.
Daniel Sutter of The Heartland Institute explains why the United States needed national Right to Try legislation and identifies the benefits it offers. “Right to try is worth celebrating,” Sutter writes. “The principle is that we should get to make decisions about our health care. Further reforms letting Americans decide how to treat our life-threatening and everyday ailments will, I think, make us wealthier, healthier, and happier.”
The highly regarded Cleveland Clinic defines the concept and purpose of informed consent in health-care decisions. “Informed consent protects you and your healthcare provider,” the clinic document states. “It makes sure you get the facts you need before treatment starts. This helps you feel more confident and prevents confusion or surprises later. It also helps you take part in your care and make the best choice for yourself.”
Should Patients in Need Be Given Access to Experimental Drugs?
Bioethicist Arthur Caplan, Ph.D., explores the ethics of right to try. “Patient advocates, the FDA, pharmaceutical trade groups, and state and national legislators in the US are all currently weighing in on patient access to experimental drugs, and new guidelines and rules are being introduced. In this editorial, we discuss the impulse to rescue individual patients facing dire diseases and underscore the ethical questions that such rescue efforts raise.”
Heartland Impact can send an expert to your state to testify or brief your caucus; host an event in your state; or send you further information on a topic. Please don’t hesitate to contact us if we can be of assistance! If you have any questions or comments, contact Cameron Sholty, at csholty@heartlandimpact.org or 312/377- 4000.
