1 week Ago
NEW HAMPSHIRE is on the cusp of becoming a leader in a patient’s “right to try” by providing them with nation-leading access to potentially life-saving experimental treatments for terminal illnesses through passage of HB 701 , a bill I sponsored this session. You would think that it makes sense to give terminally ill patients greater access to not-yet-approved treatments, whose possible life-saving benefits would far outweigh any potential negatives. After all, what worse outcome could there be than imminent death? But that is sadly not the current case, even with our state’s existing “Right to Try” law.
The answer is an unfortunate reality — the very real fear of civil liability. In our increasingly litigious climate, proactively giving gravely ill patients access to these treatments actually puts providers at far greater risk than simply allowing the patient to die. It is telling that the sole opponent to the bill in the committee hearing was a plaintiffs’ attorney association, who clearly has a vested interest in pursuing the very litigation that is hindering access to these treatments.
Currently, Montana has the edge in protections for terminally ill patients seeking broader treatment options. HB 701 gives Granite State providers even greater liability shielding. It’s important to note that, unlike Montana’s relatively remote location, New Hampshire is about 40 miles from Boston, a world leader in medical innovation and biotechnological research.
This would make our state a leader in right to try freedoms for the terminally ill. There are key vital enhancements HB 701 makes to our existing “Right to Try” laws. First, it provides cutting edge limits on civil liability for providers to encourage making these treatments available to eligible patients.
Additionally, it allows for remote pre-screening to assess dying patients for their eligibility to access experimental treatments. Current in-person screening requirements place an onerous burden on the terminally ill, who now must endure long-distance, high-risk travel from across the country to simply determine their suitability. Similarly, the bill includes a remote signing provision for consent forms to relieve seriously ill and vulnerable patients who are now unfairly burdened by in-person requirements.
Significantly, HB 701 incorporates a clarifying construction provision to reinforce our intent and reassure providers and manufacturers the law is designed to help address unforeseen legal and other impediments. Most importantly, HB 701 allows injunctive relief for patients and providers by assuring them they’ll have proactive access to court protection for treatment rather than hoping the law’s provisions will protect them after negative action has already been taken. I am encouraged to report that HB 701 has passed the House on consent, was recently heard by the Senate and is now awaiting a final vote in the Senate Health and Human Services Committee.
This bill deserves the support of every individual who believes in the value of life and our right to pursue meaningful and potentially life-prolonging treatments..
