Senate adopts amended expansion of Right to Try after safety debate

The New Hampshire Senate approved an amended version of House Bill 1735 on May 21, 2026, after extended debate over patient safety, liability protections and the scope of access to unapproved treatments.

Senator Roachford moved the alternative recommendation after the chamber rejected the committee's suggestion to re-refer the bill to interim study. The bill, as amended by floor amendment 2134, expands the state's Right to Try framework to include patients with qualifying severe illnesses in addition to terminal diagnoses, while retaining physician certification and written informed consent requirements.

Why it matters: Supporters said the amendment preserves guardrails while extending a pathway for patients with few or no options to seek investigational drugs, biologics or devices. Opponents warned that broader eligibility, expanded telehealth pre-screening across state lines and immunity provisions could expose medically vulnerable patients to treatments lacking meaningful FDA review and limit legal recourse if harms occur.

"Hope and safety are not opposing concepts," said Senator Apprentice, speaking in support of preserving an interim study before wider expansion. "Clinical trials are how we determine dosing, side effects, interactions and whether a treatment actually works. This bill, if passed without safeguards, removes those guardrails."

Senator Roachford, who offered the floor amendment that was adopted, said the amendment keeps the core of the existing Right to Try law while adding limits: treating physicians must certify that the patient has no satisfactory FDA-approved treatment options; the investigational product must have successfully completed phase one clinical testing; manufacturers must not have engaged in "willful or reckless misconduct;" and physicians may not be paid directly by manufacturers for providing access.

Senator Sullivan urged colleagues to support the bill, saying it provides hope to constituents when all other options are exhausted: "This gives our constituents hope — time with their families, not merely more procedures." Senator Sullivan's remarks were met with both agreement and skepticism on the floor.

How the Senate decided: The chamber first voted down a motion to refer HB1735 to interim study. After the interim study motion failed, the floor amendment was offered and adopted. The Senate divided the question and the second division (remaining sections and effective date) was decided by roll call; the clerk recorded a 14—9 vote in favor, after a tally of individual senators was called. Following that vote, the Senate ordered the bill to third reading and passed it as amended.

Formal action recorded: The committee initially recommended re-referral to interim study by a 3— committee vote; the full Senate declined that recommendation and instead approved the bill with the floor amendment. The amendment requires physician certification, written informed consent, successful completion of phase one clinical testing for an investigational product, and restrictions on direct manufacturer compensation to treating physicians.

What's next: The bill was read a third time and passed the Senate at the present time. Implementation details, including administrative rules or further statutory clarifications, may be addressed in follow-up sessions or in implementing guidance once the bill's final enrolled form is transmitted for signature.

Reported votes and procedural record: The transcript records the committee report, floor debate, adoption of floor amendment 2134 and a roll call on a divided section of the bill that resulted in a 14—9 tally for the contested division; the chamber then ordered third reading and passed the bill as amended.

Speakers quoted in this report are recorded as appearing in the Senate transcript and are identified by name and role at first reference.