Bill Text - HB1466 (2022)

Relative to the off-label use of prescription drugs and relative to pharmacy prescriptions.


Revision: Dec. 1, 2021, 3:46 p.m.

HB 1466  - AS INTRODUCED

 

 

2022 SESSION

22-2514

05/08

 

HOUSE BILL 1466

 

AN ACT relative to the off-label use of prescription drugs and relative to pharmacy prescriptions.

 

SPONSORS: Rep. Cross, Merr. 3; Rep. Yakubovich, Merr. 24; Rep. Aron, Sull. 7; Rep. Blasek, Hills. 21; Rep. Potucek, Rock. 6; Rep. Layon, Rock. 6

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill prohibits disciplinary action against a physician for prescribing an FDA approved drug, biologic, or medical device for off-label use.  The bill also prohibits disciplinary action against a pharmacist for filling a valid prescription for off-label use.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2514

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the off-label use of prescription drugs and relative to pharmacy prescriptions.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Physicians and Surgeons; Disciplinary Action.  Amend RSA 329:17 by inserting after paragraph VI-a the following new paragraph:

VI-b.  The state of New Hampshire confirms its strong support for the autonomous clinical decision-making authority of a physician and that a physician may lawfully use an FDA approved drug product, biologic or medical device for an off-label indication when such use is based upon sound scientific evidence or sound medical opinion; and therefore the board shall not take disciplinary or non-disciplinary remedial action against a licensee for the off-label use of drugs, biologics, or devices unless:

(a)  The manufacturer of the drug, biologic, or device has specified a hazard for such use; or

(b)  The licensee misleads the patient as to the regulatory status of the therapy.

2  New Section; Pharmacists and Pharmacies; Prescriptions.  Amend RSA 318 by inserting after section 13 the following new section:

318:13-a  Filling of Prescriptions.  No licensed pharmacist shall face non-disciplinary or disciplinary action for filling a valid prescription for an off-label use.

3  Effective Date.  The act shall take effect upon passage.