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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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