New Hampshire Lawmakers Send Right to Try Expansion to Governor Kelly Ayotte

Rare disease patients are one step closer to accessing cutting-edge bespoke medical treatments after New Hampshire lawmakers overwhelmingly advanced Goldwater-backed legislation that protects the right to save one’s own life. This bi-partisan and life-saving bill is now on Governor Kelly Ayotte’s desk for her consideration and approval. 

Sponsored by Representative Lisa Mazur and modeled in-part after Goldwater’s Right to Try for Individualized Treatments Act, HB 701 empowers rare and ultra-rare disease patients to work with their physician to seek investigational treatments that are designed specifically for an individual patient using their own genetic information. The bill also reforms civil liability and provides regulatory clarity so providers can offer treatment without fear of litigation or punishment.   

Nearly 80% of rare diseases are estimated to be genetic in nature, yet fewer than 5% of rare diseases currently have an FDA-approved treatment, largely due to cost constraints and an antiquated regulatory regime. Fortunately, new technologies and recent advances in modern medicine have made it possible for researchers to tailor treatments to an individual patient using his or her own genetics, creating new treatment options for patients with genetic conditions. 

However, people with rare illnesses still face significant—often insurmountable—bureaucratic hurdles to get the care they need. HB 701 aims to rectify the regulatory hurdles faced by patients seeking investigational treatments and incentivize innovative biotechnology companies to open up shop in the Granite State. 

New Hampshire has a rich history of leadership on the issue of safeguarding the right to save one’s own life. In 2016, New Hampshire lawmakers passed Goldwater’s original Right to Try Act, landmark legislation that allowed terminally ill patients to access investigational treatments that have passed Phase 1 of FDA clinical trials. The original Right to Try Act was passed in 40 other states and has since become federal law. HB 701 builds on the success of the original Right to Try by ensuring rare disease patients can access the most cutting-edge investigational individualized treatments, further demonstrating New Hampshire lawmakers’ enduring commitment to healthcare freedom. 

In 2022, Arizona became the first state in the nation to pass Goldwater’s Right to Try for Individualized Treatments Act. Since then, 14 other states from across the political spectrum have adopted this life-saving reform.  

The Goldwater Institute thanks Rep. Mazur and her co-sponsors, Cornerstone Action NH, Americans for Prosperity-NH, and the many dedicated patient advocates who supported HB 701. The Institute also applauds the New Hampshire legislature for overwhelmingly supporting suffering patients and expresses its sincere appreciation to Governor Ayotte for her consideration of this legislation.  

Learn more about the Right to Try for Individualized Treatments here.