Bill Text: NH HB1734 | 2026 | Regular Session | Amended
Bill Title: Establishing a committee to study the feasibility of establishing experimental treatment centers in New Hampshire and the oversight thereof.
Sponsorship: Partisan Bill (Republican 14)
Status: (Engrossed - Dead) 2026-05-21 - Sen. Rochefort Refused to Accede to House Request for Committee of Conference, Motion Adopted, Voice Vote; 05/21/2026; Senate Journal 13 [HB1734 Detail]
Download: New_Hampshire-2026-HB1734-Amended.html
HB 1734-FN - AS AMENDED BY THE SENATE
11Mar2026... 0666h
05/14/2026 1864s
2026 SESSION
26-2801
05/06
HOUSE BILL 1734-FN
SPONSORS: Rep. Kesselring, Hills. 18; Rep. Cole, Hills. 26; Rep. Mazur, Hills. 44; Rep. Polozov, Merr. 10; Rep. D. McGuire, Merr. 14; Rep. Markell, Rock. 18; Rep. Bernardy, Rock. 36; Rep. Kofalt, Hills. 32; Rep. Osborne, Rock. 2; Rep. Miles, Hills. 12; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18; Sen. Innis, Dist 7; Sen. McGough, Dist 11
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill establishes a committee to study the feasibility of establishing experimental treatment centers in New Hampshire and the oversight thereof.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0666h
05/14/2026 1864s 26-2801
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the feasibility of establishing experimental treatment centers in New Hampshire and the oversight thereof.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, appointed by the president of the senate, one of whom shall be a member of the minority party.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the minority party.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall:
I. Determine what would be needed for sufficient oversight of experimental treatment centers by the department of health and human services, the bureau of consumer protection at the department of justice, and the office of professional licensure and certification.
II. Solicit information and testimony from the department of health and human services, the bureau of consumer protection, and the office of profession licensure and certification on what they would require in terms of legislation, rules, appropriation, and any potential federal waivers to properly oversee these centers.
III. Solicit information and testimony from the current operator of an experimental treatment center or a trade group representing experimental treatment centers.
IV. Solicit information and testimony from a governmental oversight body from another state that currently allows experimental treatment centers.
V. Solicit information and testimony from an individual or entity with expertise in the FDA drug and device approval process.
VI. Solicit information and testimony from an individual or entity with expertise in current Good Manufacturing Practice (cGMP) for drug manufacturing.
VII. Research experimental treatment centers in other states, including all benefits and consequences of those centers in those states, including patient outcomes and costs to the state's health care system.
VIII. Research the feasibility of proper oversight of these facilities, including oversight challenges in other states that have implemented these experimental treatment centers.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2026.
6 Effective Date. This act shall take effect upon its passage.
26-2801
Revised 05/01/2026
HB 1734-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2026-0666h)
AN ACT authorizing the establishment of experimental treatment centers.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | |||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | |
Revenue Fund(s) | General fund | ||||
Expenditures* | $0 | $2.5 million+ | $1 million+ | $1 million+ | |
Funding Source(s) | General fund | ||||
Appropriations* | $0 | $0 | $0 | $0 | |
Funding Source(s) | None | ||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | |||||
METHODOLOGY:
This bill establishes a process for the licensure and regulation of experimental treatment centers. The bill permits health care providers to offer medical interventions involving investigational drugs, biologics, or devices that have successfully completed phase I of a clinical trial but are not yet FDA-approved for general use, and makes the Department of Health and Human Services responsible for oversight of these entities.
The Office of the Legislative Budget Assistant notes that previous versions of this fiscal note, including the initial version for the bill as amended by the House, identified a fiscal impact of less than $10,000 per year. Subsequent to the issuance of those fiscal notes, the Department of Health and Human Services re-assessed the bill's impact on its operations, resulting in a significantly greater cost estimate. The analysis that follows is based on the Department's re-assessment.
The Department assumes that, in order to handle the new responsibilities created by the bill, it will need to establish a new bureau or unit responsible for licensing and regulating experimental treatment centers. This will further necessitate the development and implementation of a new set of administrative rules specific to these centers. Because the bill creates a new chapter of law, the Department is unclear how the new responsibilities will connect to the statutory requirements of RSA 151, the state’s health facilities licensing statute. At a minimum, this is expected to involve the creation of a new licensing category and minimum standards for scientific review boards, not currently known to or understood by the Department.
The Department anticipates a need for new personnel, as well as a contracted consultant with expertise in investigational drugs, biologics, or devices that have successfully completed phase I of a clinical trial but are not yet FDA-approved. For FY27, salaries for three staff members—two administrative and investigative positions plus a supervisor—are estimated at $465,000, while an expert consultant specializing in investigational treatments would cost an additional $250,000, for a total of $715,000. In FY28, staff salaries would rise to $489,000, with the consultant’s fee dropping to $75,000, totaling $564,000. By FY29, staff salaries are projected at $513,000 and the consultant’s fee remains at $75,000, making the year’s total $588,000.
The Department assumes it will need the following resources for initial and ongoing IT costs:
- System Development (Application + Database): $1.0 million.
- Labor Costs up to $950,000 for Year 1 (Plus additional labor for following years, depending on programmatic need). This figure assumes the following positions/consultants will be necessary: Technical Lead (1), Developers (2-3), Database/Application Administrator (1/2-1), Business Analyst (1), QA/Tester (1), Project Manager (shared/part-time).
- Data Storage and Hosting: $50,000 – $150,000 annually
- Annual Operating Costs, including user support and help desk, vendor licensing fees (if using a platform), cloud hosting and storage, routine enhancements, system monitoring and cyber security updates: $250,000 – $450,000 per year
Finally, the Department expects to need an additional $550,000 in FY27 and some indeterminable amount in subsequent years for office space and equipment, as well as general operating costs such as office utilities, supplies, printing, legal and hearing costs, outreach and stakeholder engagement, and travel.
Combined, these estimates assume first-year costs of approximately $2.5 million, and ongoing costs of $1 million or more. The bill does allow for the following authorization fees for experimental treatment centers $2,500 initially and $1,250 annually for facilities already licensed under RSA 151, and $10,000 initially and $5,000 annually for entities not otherwise licensed under RSA 151. While these fees will result in an increase in state revenue, the number of entities that may seek authorization is unknown, and so the resulting revenue increase is indeterminable.
AGENCIES CONTACTED:
Department of Health and Human Services
