The John Lewicke and Michael Yakubovich Right to Try Act amends the existing Terminal Patients' Right to Try Act to enhance access to investigational treatments for patients diagnosed with terminal illnesses. Key changes include the introduction of definitions for terms such as "eligible facility," "eligible patient," and "telehealth prescreening," while narrowing the act's focus from life-threatening conditions to terminal illnesses. This ensures that only patients with a high likelihood of death can access investigational drugs, biologics, or devices. The bill also facilitates telehealth screenings and remote signing of consent, streamlining the process for patients seeking these treatments.

Additionally, the bill provides legal immunity to manufacturers, pharmacists, and health care providers involved in the care of patients using investigational treatments, contingent upon the determination of terminal illness by a physician and informed consent. It allows patients affected by violations of the act to seek injunctive relief and attorney’s fees against regulatory authorities, and it clarifies that health care providers in New Hampshire can conduct telehealth prescreenings for terminally ill patients in any state. Importantly, the bill specifies that it does not create a private cause of action against manufacturers or entities involved in patient care, provided they comply with the act's terms. The legislation aims to promote access to potentially life-saving treatments and foster an environment for clinical trials and new therapies for terminal illnesses, with an effective date of January 1, 2026.

Statutes affected:
Introduced: 126-Z:1, 126-Z:3, 126-Z:4
As Amended by the House: 126-Z:1, 126-Z:4
As Amended by the Senate: 126-Z:1, 126-Z:4
Version adopted by both bodies: 126-Z:1, 126-Z:4, 126-Z:2
CHAPTERED FINAL VERSION: 126-Z:1, 126-Z:4, 126-Z:2