Alabama 2024 Regular Session

Alabama Senate Bill SB72

Introduced
2/7/24  
Introduced
2/7/24  
Report Pass
2/21/24  
Refer
2/7/24  
Engrossed
3/6/24  
Report Pass
2/21/24  
Engrossed
3/6/24  
Report Pass
4/3/24  
Refer
3/6/24  
Enrolled
5/9/24  
Report Pass
4/3/24  
Passed
5/17/24  
Enrolled
5/9/24  
Passed
5/17/24  

Caption

Off-label medical treatment; adverse action by occupational licensing board because of recommendation, prohibited; patient informed consent, required; cause of action, provided

Impact

The introduction of SB72 is expected to have a profound impact on the practice of medicine in Alabama. By providing legal protection for off-label prescriptions, the bill could encourage physicians to utilize a broader range of treatment options, particularly in complex cases where standard treatment protocols may not be suitable. This could improve patient outcomes by allowing more personalized and innovative treatment plans. However, it also raises concerns about patient safety, as off-label use might lead to unforeseen risks if not carefully monitored.

Summary

SB72 prohibits the Alabama Board of Medical Examiners and the Medical Licensure Commission of Alabama from taking adverse action against a physician solely for prescribing or recommending off-label medical treatments. The bill defines off-label treatment as the use of an FDA-approved drug or device in a manner not specifically approved by the FDA. Adverse actions will only be permitted if the prescribed treatment poses a significant threat to patient or public safety. The law aims to protect physicians from being penalized for their professional medical judgment regarding off-label uses, which are often based on emerging research and clinical experience.

Sentiment

The sentiment surrounding SB72 appears generally favorable among healthcare providers who advocate for more flexibility in treatment options. Supporters argue that the bill empowers physicians to make decisions based on their clinical judgment and the unique needs of their patients without the fear of retribution from licensing boards. Critics, however, express caution, highlighting potential risks associated with off-label prescribing practices and the need for safeguards ensuring that physicians thoroughly inform patients of the risks involved with such treatments.

Contention

Notable points of contention regarding SB72 include discussions around patient informed consent and the implications of allowing off-label treatments. While the bill seeks to protect physicians, opponents argue that it may lead to excessive reliance on off-label prescriptions without adequate oversight. The requirement for patient informed consent is intended to address these concerns, but critics suggest that further regulations may be necessary to ensure patient safety and prevent misuse of off-label treatments. The legislative debate reflects a broader tension between supporting medical innovation and safeguarding public health.

Companion Bills

No companion bills found.

Previously Filed As

AL HB510

COVID-19, occupational licensing boards prohibited to take adverse action based on physician's recommended COVID-19 treatment, health care facilities and pharmacies required to fulfill patient's COVID-19 treatment request, cause of action provided

AL SB312

COVID-19, occupational licensing boards prohibited to take adverse action based on physician's recommended COVID-19 treatment, health care facilities and pharmacies required to fulfill patient's COVID-19 treatment request, cause of action provided

AL HB470

COVID-19, occupational licensing boards prohibited to take adverse action based on physician's recommended COVID-19 treatment, health care facilities and pharmacies required to fulfill patient's COVID-19 treatment request, cause of action provided

AL HB79

State Board of Pharmacy and Employers, prohibited from disciplining pharmacists who recommend off-label medical treatments

AL A1236

Establishes "New Jersey Right to Try-Plus Act" permitting terminally ill patients access to certain investigational and off-label treatments.

AL A3487

Establishes "New Jersey Right to Try-Plus Act" permitting terminally ill patients access to certain investigational and off-label treatments.

AL S0054

Medical Informed Consent

AL A5000

Requires Medicaid coverage for fertility preservation services in cases of iatrogenic infertility caused by medically necessary treatments.

AL S3831

Requires Medicaid coverage for fertility preservation services in cases of iatrogenic infertility caused by medically necessary treatments.

AL SB426

Relating to patient access to prescription drugs for off-label use for COVID-19 treatment.

Similar Bills

No similar bills found.