Bill Text - HB1466 (2022)

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


Revision: March 10, 2022, 11:17 a.m.

HB 1466 - AS AMENDED BY THE HOUSE

 

10Mar2022... 0406h

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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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.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2022... 0406h 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; 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.