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.