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RSA 126-Z:3 · Liability of Physician; Facility

Title
X: PUBLIC HEALTH
Chapter
126-Z · RIGHT TO TRY ACT
Status
current
Official source linked
Yes
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126-Z:3 Liability of Physician; Facility. –

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I.

Notwithstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to an eligible patient regarding or prescription for or treatment with an investigational drug, biologic, or device.

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II.

Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based primarily on the institution's participation in the treatment or use of an investigational drug, biologic, or device under this chapter.

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III.

Notwithstanding any provision of law to the contrary, a manufacturer of a drug, biologic, or device, a pharmacist, a health care facility, a health care provider, or a person or entity involved in the care of a patient using a drug, biologic, or device is immune from suit for any harm done to a patient resulting from the drug, biologic, or device if:

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(a)

The person has a terminal illness as determined by the person's physician and a consulting physician;

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(b)

The person's physician has determined that the person has no comparable or satisfactory United States Food and Drug Administration (FDA) approved treatment options available to treat the disease or condition involved;

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(c)

The patient has given written informed consent for the use of the drug, biologic, 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 and, if the patient is a legal adult, the consent is not contrary to the prior documented wishes of the patient;

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(d)

The manufacturer, pharmacist, facility, provider, or other person or entity has not engaged in willful or reckless misconduct or other bad faith conduct. "Willful or reckless misconduct" shall include, but is not limited to, any conduct intended to hasten the death of the patient; and

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(e)

If the drug, biologic, or device is an individualized investigational treatment, it is administered by a health care provider at an eligible facility. Source. 2016, 206:2, eff. June 6, 2016. 2024, 124:1, eff. Jan. 1, 2025. 2025, 304:3, eff. Jan. 1, 2026.

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Source note

Source. 2016, 206:2, eff. June 6, 2016. 2024, 124:1, eff. Jan. 1, 2025. 2025, 304:3, eff. Jan. 1, 2026.

Source history

  • 2016, 206:2, eff. June 6, 2016
  • 2024, 124:1, eff. Jan. 1, 2025
  • 2025, 304:3, eff. Jan. 1, 2026

Related materials

Bill relationships

  • 2026 HB1292 amend · effective 2027-01-01

    l and qualifying severe illness. This chapter shall be construed consistently with the general court's stated purpose. 5 New Section; Regenerative Stem Cell Therapies. Amend RSA 126-Z by inserting after section 8 the following new section: 126-Z:9 Regenerative Stem Cell Therapies. I. A physician may perform stem cell therapy that is not approved by the United States Food and Drug Administrati

  • 2026 HB1292 reference · effective 2027-01-01

    evice [to eligible patients pursuant to this chapter. A manufacturer may] not approved by the FDA available to patients if the manufacturer and patient satisfy the requirements of RSA 126-Z:3, II. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an eligible] a patient to pay

  • 2026 HB1292-FN reference · effective 2027-01-01

    evice [to eligible patients pursuant to this chapter. A manufacturer may] not approved by the FDA available to patients if the manufacturer and patient satisfy the requirements of RSA 126-Z:3, II. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an eligible] a patient to pay

  • 2026 HB1292-FN amend · effective 2027-01-01

    l and qualifying severe illness. This chapter shall be construed consistently with the general court's stated purpose. 5 New Section; Regenerative Stem Cell Therapies. Amend RSA 126-Z by inserting after section 8 the following new section: 126-Z:9 Regenerative Stem Cell Therapies. I. A physician may perform stem cell therapy that is not approved by the United States Food and Drug Administrati

  • 2026 HB1735 reference

    ce [to eligible patients pursuant to this chapter. A manufacturer may:] not approved by the United States Food and Drug Administration available to patients if the requirements of RSA 126-Z:3, III are satisfied. I-a. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an el

  • 2026 HB1735-FN reference

    ce [to eligible patients pursuant to this chapter. A manufacturer may:] not approved by the United States Food and Drug Administration available to patients if the requirements of RSA 126-Z:3, III are satisfied. I-a. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an el

  • 2026 HB1809 reference · effective 2030-11-01

    ryptamine, found in certain mushrooms, but does not include synthetic or synthetic analogs of psilocybin. VI. “Qualifying patient” means a patient whom a provider, as defined by RSA 126-ZZ:1, II, has diagnosed a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition. VII. “Qualifying condition” means any of the following: (a) Major treat

  • 2026 HB1809-FN reference · effective 2030-11-01

    ryptamine, found in certain mushrooms, but does not include synthetic or synthetic analogs of psilocybin. VI. “Qualifying patient” means a patient whom a provider, as defined by RSA 126-ZZ:1, II, has diagnosed a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition. VII. “Qualifying condition” means any of the following: (a) Major treat

  • 2026 SB504 reference · effective 2027-01-01

    ce [to eligible patients pursuant to this chapter. A manufacturer may:] not approved by the United States Food and Drug Administration available to patients if the requirements of RSA 126-Z:3, III are satisfied. I-a. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an el

  • 2026 SB504 reference · effective 2027-01-01

    nt, if applicable, that patient is liable for treatment expenses; and (6) A prominent statement that the patient is seeking treatment from an experimental treatment center under RSA 126-ZZ. II. “Experimental treatment” means the provision of a medical intervention by a health care provider involving an investigational drug, biologic, or device that has successfully completed phase one of a clinical t

  • 2026 SB504-FN reference · effective 2027-01-01

    ce [to eligible patients pursuant to this chapter. A manufacturer may:] not approved by the United States Food and Drug Administration available to patients if the requirements of RSA 126-Z:3, III are satisfied. I-a. Pursuant to this chapter, a manufacturer may: (a) Provide [an investigational] a drug, biologic, or device to [an eligible] a patient without receiving compensation. (b) Require [an el

  • 2026 SB504-FN reference · effective 2027-01-01

    nt, if applicable, that patient is liable for treatment expenses; and (6) A prominent statement that the patient is seeking treatment from an experimental treatment center under RSA 126-ZZ. II. “Experimental treatment” means the provision of a medical intervention by a health care provider involving an investigational drug, biologic, or device that has successfully completed phase one of a clinical t