New Mexico 2026 Regular Session

New Mexico Senate Bill SB33

Introduced
1/21/26  
Report Pass
1/28/26  

Caption

Right To Try Individualized Treatments Act

Impact

The enactment of SB33 would significantly impact state health care laws by allowing eligible patients to bypass traditional treatment protocols when facing terminal conditions. It establishes clear definitions for eligible patients and treatments, promotes the right of these patients to make informed decisions, and enables manufacturers to provide personalized treatments without bearing liability for adverse outcomes, provided they adhere to good faith practices. This bill promotes innovation in treatment options and empowers patients to take control of their health decisions.

Summary

Senate Bill 33, titled the 'Right to Try Individualized Treatments Act,' seeks to provide patients with life-threatening or severely debilitating diseases the opportunity to access individualized investigational treatments. This legislation is designed for those who have explored all other FDA-approved treatment options and have received a physician's recommendation based on an analysis of their genetic profile. By creating a legal pathway for these patients, the bill aims to facilitate potentially life-saving treatments that are otherwise unavailable through standard medical channels.

Contention

However, the bill is not without controversy. Some legislators and health care advocates have expressed concerns regarding the lack of protections for patients, particularly regarding informed consent and the liability implications for manufacturers. Critics argue that while patients should be allowed access to experimental treatments, the potential risks and liabilities associated with individualized investigational treatments need to be carefully regulated to prevent exploitation and ensure patient safety. Ensuring that patients understand the risks involved in such treatments—including financial liabilities and the potential for unanticipated side effects—remains a point of contention in the discussions surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

NM HB224

Student Loan Bill Of Rights Act

NM HB339

Housing Discrimination & Human Rights Act

NM SM6

Joint Consent To Mental Health Treatment

NM HB221

Voice & Visual Likeness Rights Act

NM HB8

Criminal Competency & Treatment

NM SB429

Reinstatement Of Parental Rights Act

NM SB166

Harm To Self & Others Definition

NM HB4

Criminal Competency & Treatment

NM SB69

Right To Repair Consumer Electronics Act

NM HB149

Supported Decision-making Act

Similar Bills

MI HB4789

Health: other; individualized investigational treatment for certain patients suffering from a life-threatening or severely debilitating illness; provide for. Amends title & secs. 1, 2, 3, 4, 5, 6 & 7 of 2014 PA 345 (MCL 333.26451 et seq.) & adds sec. 2a.

TX HB975

Relating to the right to try cutting-edge treatments for patients with life-threatening or severely debilitating illnesses.

IA SF233

A bill for an act relating to the right to try Act. (Formerly SF 56.) Effective date: 07/01/2025.

AR SB136

To Create The Right To Try Individualized Investigational Treatment Act; And To Ensure That Patients Have Access To Individualized Investigational Treatment.

IA HF802

A bill for an act relating to the right to try Act.(Formerly HF 320.)

IA SF56

A bill for an act relating to the right to try Act.(See SF 233.)

IA HF320

A bill for an act relating to the right to try Act.(See HF 802.)

TN SB0282

AN ACT to amend Tennessee Code Annotated, Title 53 and Title 63, relative to medical treatment.