Revision: March 10, 2026, 12:11 p.m.
Rep. Nagel, Belk. 6
Rep. Polozov, Merr. 10
March 10, 2026
2026-1120h
05/09
Floor Amendment to HB 1335
Amend the bill by replacing all after the enacting clause with the following:
1 New Subdivision; Public Health; Disclosure of Preferential Promotions Received by Health Care Providers; When Required. Amend RSA 125 by inserting after section 25-c the following new subdivision:
Disclosure of Preferential Promotions Received by Health Care Providers
125:25-d Definitions. In this subdivision:
(a) “Preferential promotion” means any financial arrangement, incentive, or compensation provided by a manufacturer, distributor, or third party that is intended to influence the recommendation, prescription, or use of a specific drug, device, treatment, or service.
(b) “Compensation” includes payments, honoraria, travel, lodging, meals, gifts, or any other transfer of value.
(c) “Reasonable costs” means expenses directly related to attendance at a medical conference, including registration fees, travel, lodging, and meals, not exceeding $5,000 in aggregate per event.
(d) “Informed consent” means the process by which a patient voluntarily confirms their willingness to undergo a particular medical intervention, after having been informed of all relevant facts, risks, benefits, and alternatives.
(e) “Health care provider” includes physicians licensed under RSA 329, podiatrists licensed under RSA 315, chiropractors licensed under RSA 316-A, dentists licensed under RSA 317-A, nurse practitioners licensed under RSA 326-B, optometrists licensed under RSA 327, physical therapists licensed under RSA 328-A, physician associates licensed under RSA 328-D, naturopathic health care practitioners licensed under RSA 328-E, acupuncturists licensed under RSA 328-G, and pharmacists licensed under RSA 318.
125:25-e Disclosure Requirement.
I. Any health care provider who receives compensation exceeding $5,000 in aggregate within a calendar year from a single source as the result of a preferential promotion shall disclose this financial relationship to any patient prior to recommending, prescribing, or administering a product or service associated with that source.
II. The disclosure shall be made in writing and included as part of the informed consent process and shall include:
(a) The name of the entity providing the compensation.
(b) The nature and amount of compensation received.
(c) A statement that the compensation may present a potential conflict of interest.
(d) An affirmation that the recommendation is based on the practitioner’s independent clinical judgment.
2 Effective Date. This act shall take effect January 1, 2027.
2026-1120h
AMENDED ANALYSIS
This bill requires a health care provider who receives compensation exceeding $5,000 or more as the result of a preferential promotion to disclose this information to the patient prior to prescribing any treatment associated with the source of the promotion.