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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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