AnalysisThe purpose of House Bill 701 is to make it easier for patients with terminal illnesses to access potentially lifesaving or life-improving treatments. It removes legal barriers and protects those who help provide these treatments from liability. The law encourages participation in clinical trials and other treatment programs that collect patient outcome data, aiming to make New Hampshire a leading state for medical innovation and research.
A key feature of the new law is its authorization of remote signing of consent forms. Patients may now sign treatment consent forms remotely, with the signature witnessed by either a Notary Public or a licensed health care provider. This provision is especially important for patients who cannot travel due to their condition.
However, the law does not specify how remote signing should be conducted. It uses the term “form” which some could interpret as implying a paper document. New Hampshire’s Notary statutes do allow remote notarization using communication technology for both paper and electronic documents. While the law does not explicitly mention electronic consent forms, it is possible that the New Hampshire Uniform Electronic Transactions Act (UETA) could provide the legal basis for remote electronic notarization of these forms.
Read House Bill 701.