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REFERENCE TITLE: health care services; patient education |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1445 |
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Introduced by Senator Barto
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AN ACT
Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32‑3221; relating to health care services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3221, to read:
32-3221. Lawful health care services; patient education; exceptions; definitions
A. This state, any political subdivision of this state or any department or agency of this state, including a health profession regulatory board, or a private entity contracted with this state may not punish a health professional, directly or indirectly through a subcontractor or otherwise, for making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services or health care‑related research or data, or for offering, providing or making available lawful health care services, including the off-label use of health care services.
B. Unless an entity has a sincerely held religious or moral belief, the entity may not restrict a health professional who is an employee of or affiliated or contracted with the entity for making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, or health care‑related research or data.
C. Making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, does not require the health care service to be covered under the health care plan or the health care system through which the patient receives care.
D. Making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, does not require a health professional, an entity that employs the health professional or a health care system to offer, provide or make the lawful health care service, including the off-label use of health care services, available to the patient.
E. This section does not:
1. Impair the rights established in article II, Constitution of Arizona, or impair any right or limitation on medical liability.
2. Prevent any reporting to a health profession regulatory board regarding medical liability cases, settlements or decisions.
F. For the purposes of this section:
1. "Lawful health care service" means any health‑related service or treatment, to the extent that the service or treatment is allowed or not prohibited by law or regulation, that may be provided by persons or businesses that are otherwise allowed to offer such services.
2. "Off-label use" means any use that is not specified in the labeling or indications for use for prescription drugs, biologics, approved medical devices and dietary supplements approved by the United States food and drug administration. For the purposes of this paragraph, "labeling" includes any written material that accompanies, supplements or explains a product.
3. "Punish" means to impose any penalty, sanction or disciplinary action to discourage the exercise of a right under this section.
4. Sincerely held religious or moral belief does not include a belief that restricts the access by a patient to a lawful health care service based on the cost of the lawful health care service for that patient.