Bill Text - HB1466 (2022)

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


Revision: Feb. 16, 2022, 8:57 a.m.

Rep. Layon, Rock. 6

Rep. Merchant, Sull. 4

Rep. Cushman, Hills. 2

Rep. Woods, Merr. 23

February 1, 2022

2022-0406h

05/10

 

 

Amendment to HB 1466

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  New Paragraph; Physicians and Surgeons; Disciplinary Action; Off-Label Use of Prescription Drug.  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 shared decision making between healthcare professionals and their patients.  A licensee may lawfully prescribe an FDA approved drug product for an off-label indication where there is sound scientific medical evidence or when the licensee has provided and documented informed consent for the patient including a disclosure that a prescription is for an off-label indication.  A licensee shall be held to the same standard of care as when prescribing for on-label indications.  

2  New Paragraph; Nurse Practice Act; Advanced Practice Registered Nurse; Disciplinary Action; Off-label Use of Prescription Drug.  Amend RSA 326-B:37 by inserting after paragraph III the following new paragraph:

III-a.  The state of New Hampshire confirms its strong support for shared decision making between healthcare professionals and their patients.  A licensee may lawfully prescribe an FDA approved drug product for an off-label indication where there is sound scientific medical evidence or when the licensee has provided and documented informed consent for the patient including a disclosure that a prescription is for an off-label indication.  A licensee shall be held to the same standard of care as when prescribing for on-label indications.  

3  New Section; Physician Assistant; Disciplinary Action; Off-label Use of Prescription Drug.  Amend RSA 328-D by inserting after section 6 the following new section:

328-D:6-a  Off-label Use of Prescription Drugs; When Permitted.  The state of New Hampshire confirms its strong support for shared decision making between healthcare professionals and their patients.  A licensee may lawfully prescribe an FDA approved drug product for an off-label indication where there is sound scientific medical evidence or when the licensee has provided and documented informed consent for the patient including a disclosure that a prescription is for an off-label indication.  A licensee shall be held to the same standard of care as when prescribing for on-label indications.  

4  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 by the pharmacy board for filling a valid prescription for an off-label use.

5  Effective Date.  The act shall take effect upon its passage.

2022-0406h

AMENDED ANALYSIS

 

This bill clarifies circumstances under which a physician, physician assistant, and advanced practice registered nurse may prescribe a drug for an off-label indication.  The bill also prohibits disciplinary action against a pharmacist for filling a valid prescription for off-label use.