New Hampshire HB 1292: revising certain benefit provisions in the city of Manchester employees contributory retirement system.

Bill Text

HB 1292-FN - AS INTRODUCED

2026 SESSION

 26-2819

 05/07

HOUSE BILL 1292-FN

AN ACT expanding the right to try act to include certain qualifying severe illness and permitting certain regenerative stem cell therapies under the act.

SPONSORS: Rep. Layon, Rock. 13; Rep. D. McGuire, Merr. 14; Rep. Popovici-Muller, Rock. 17; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Mary Murphy, Hills. 27; Rep. DeVito, Rock. 8; Rep. Polozov, Merr. 10; Rep. Aures, Merr. 13; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18

COMMITTEE: Judiciary

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ANALYSIS

This bill:

 I. Extends the right to try act to include patients with "qualifying severe illness" and defines related terms.

 II. Removes the definition of "investigational drug, biologic, or device."

 III. Permits access to unapproved treatments under specified conditions and adds a new section regulating regenerative stem cell therapies, including consent, accreditation, advertising, and disclosure requirements.

 IV. Authorizes injunctive relief for violations and prohibits the use of stem cells derived from a fetus or embryo after an abortion. 

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2819

 05/07

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT expanding the right to try act to include certain qualifying severe illness and permitting certain regenerative stem cell therapies under the act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Legislative Findings and Purpose. The general court recognizes the significant potential of stem cell therapies in advancing medical treatments and improving patient outcomes and further recognizes the need to ensure that such therapies are provided using stem cells obtained in an ethical manner. It is the intent of the general court to foster medical innovation while upholding ethical standards that respect the sanctity of life. By encouraging the use of stem cell sources such as adult stem cells, umbilical cord blood, and other ethically obtained human cells, tissues, or cellular or tissue-based products, the state will advance regenerative medicine in a manner consistent with the values of this state. 

 2 Right to Try Act. Amend RSA 126-Z:1 through 126-Z:4 to read as follows: 

 126-Z:1 Definitions. In this chapter: 

 I. "Eligible facility" means a licensed New Hampshire institution that is operating under a Federalwide Assurance ("FWA") for the Protection of Human Subjects under 42 U.S.C. section 289(a) and 45 C.F.R. part 46. Any eligible facility is subject to the FWA laws, regulations, policies, and guidelines including renewals or updates. 

 I-a. ["Eligible patient" means a person to whom all of the following apply: 

 (a) The person has been diagnosed with a terminal illness by the person's physician. 

 (b) The person has already tried or is not a candidate for eligible United States Food and Drug Administration (FDA) approved treatment options for their disease or condition. 

 (c) The person is unable to participate in a clinical trial involving the eligible investigational drug, biologic or device. 

 (d) The person has given written informed consent for the use of the investigational drug, biological product, or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written informed consent on the patient's behalf. 

 (e) The physician providing access to an investigational drug, biologic, or device will not be compensated directly by the manufacturer for providing access to this therapy.

 I-b.] "Health care provider" means a physician licensed to practice medicine in the state of New Hampshire. 

 I-b. “Human cells, tissues, or cellular or tissue-based products” means articles containing or consisting of human cells or tissues that are intended for implantation, transplantation, infusion, or transfer into a human recipient. The term does not include: 

 (a) Vascularized human organs for transplantation; 

 (b) Whole blood or blood components or blood derivative products; 

 (c) Secreted or extracted human products, such as milk, collagen, and cell factors, other than semen; 

 (d) Minimally manipulated bone marrow for homologous use and not combined with another article other than water, crystalloids, or a sterilizing, preserving, or storage agent, if the addition of the agent does not raise new clinical safety concerns with respect to the bone marrow; 

 (e) Ancillary products used in the manufacture of human cells, tissues, or cellular or tissue-based