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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
health professionals; off-label use; medications
Purpose
Precludes the punishment of a health professional for making a patient aware or educating the public of a lawful health care service.
Background
In Arizona, health professions are regulated by specific health regulatory boards who are generally tasked with verifying perspective licensees' qualifications, licensing qualified applicants and administering disciplinary action to health professionals. Current statute prohibits Arizona, or any of its political subdivisions, departments or agencies, including health professional regulatory boards, from punishing a health professional for advertising, educating or making patients aware of a lawful health care service for which there is a reasonable basis. This prohibition includes advertising, educating or making patients aware of off-label uses of health care services or health care-related research or data.
Off-label use is any use, with the intent to practice medicine, that is not specified in the labeling or indications for use for a prescription drug, biologic, medical device or dietary supplement. A lawful health care service is 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 an individual or business that is otherwise authorized to offer such a service (A.R.S. § 32-3221).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits Arizona, or any of its political subdivisions, departments or agencies, including health profession regulatory boards, from punishing a health professional for making a patient aware of or educating the public, through the use of any online platform, about lawful health care services.
2. Modifies that definition of lawful health care service to include the off-label use of medications during a public health emergency.
3. Makes a conforming change.
4. Become effective on the general effective date.
Prepared by Senate Research
February 15, 2021
CRS/kja