HB79INTRODUCED
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HB79
BWRBQ4J-1
By Representative Brown
RFD: Health
First Read: 04-Feb-25
PFD: 06-Jan-25
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6 BWRBQ4J-1 09/30/2024 JC (L)JC 2024-2024
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PFD: 06-Jan-25
SYNOPSIS:
Existing law prohibits the State Board of
Medical Examiners and the Medical Licensure Commission
from taking action against the license of a physician
when the physician recommends or prescribes a medical
treatment that is off-label.
This bill would give pharmacists the same
protection by prohibiting the Board of Pharmacy from
suspending, revoking, or refusing to renew the license
of a pharmacist who either recommends the off-label use
of a drug or fills a prescription for the off-label use
of a drug.
This bill would prohibit any entity that
furnishes pharmacy services from terminating or taking
adverse action against a pharmacist for recommending
the off-label use of a drug or filling a prescription
for the off-label use of a drug, and would provide a
civil action for a pharmicist who is so terminated or
disciplined.
This bill would also prohibit a pharmacy
benefits manager from taking any action against a
pharmacist or his or her employing pharmacy in
retaliation for recommending, or filling a prescription
for, the off-label use of a drug.
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A BILL
TO BE ENTITLED
AN ACT
Relating to off-label medical treatment; to prohibit
the State Board of Pharmacy or an employer from taking action
against a pharmacist who recommends the off-label use of a
drug or who dispenses a drug for off-label use on the
prescription of a health care professional; to provide a cause
of action against an employer who takes action against a
pharmacist for recommending or dispensing a drug for off-label
use; and to prohibit a pharmacy benefits manager from
retaliating against a pharmacist or the employing pharmacy for
recommending or dispensing a drug for off-label use.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) BOARD. The State Board of Pharmacy.
(2) EMPLOYER. Any person that owns or manages a
pharmacy as defined in Section 34-23-1, Code of Alabama 1975,
and which retains, supervises, or terminates pharmacists.
(3) HEALTH CARE PROFESSIONAL. Any of the following
individuals:
a. A physician licensed to practice medicine in this
state.
b. An assistant to physician licensed by the State
Board of Medical Examiners of the State of Alabama.
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Board of Medical Examiners of the State of Alabama.
c. A certified registered nurse practitioner or a
certified nurse midwife certified by the Board of Nursing.
(4) LICENSE. The same meaning as defined in Section
34-23-1, Code of Alabama 1975.
(5) OFF-LABEL MEDICAL TREATMENT. The use of a drug,
biological product, or device approved by the United States
Food and Drug Administration (FDA) in any manner other than
the use approved by the FDA.
(b) The board may not revoke, suspend, fail to renew,
or take any other adverse action against a pharmacist's
license based solely on either of the following:
(1) The pharmacist's recommendation of an off-label
medical treatment for the treatment of a disease, condition,
or symptom.
(2) The pharmacist's dispensing of a prescription of an
off-label medical treatment which is ordered by a health care
professional.
(c)(1) An employer may not terminate, discipline, or
take any other adverse action against an employee pharmacist
based solely on either of the following:
a. The pharmacist's recommendation of an off-label
medical treatment for the treatment of a disease, condition,
or symptom.
b. The pharmacist's dispensing of a prescription of an
off-label medical treatment which is ordered by a health care
professional.
(2)a. A pharmacist who is terminated or suffers adverse
action by his or her employer for recommending or dispensing
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action by his or her employer for recommending or dispensing
an off-label medical treatment under subdivision (1) may bring
an action for injunctive relief against the employer in the
circuit court of the county in which the off-label medical
treatment was recommended or dispensed.
b. The court in such an action may award injunctive
relief, including ordering reinstatement of the pharmacist to
his or her job position, back pay, costs of the action, and
reasonable attorney fees.
Section 2. A pharmacy benefits manager or a PBM
affiliate, both as defined in Section 27-45A-3, Code of
Alabama 1975, may not penalize or retaliate against a
pharmacist or a pharmacist's employing pharmacy for
recommending or dispensing a prescription of an off-label
medical treatment as defined in Section 1, including, but not
limited to, any of the following:
(1) Canceling or refusing to renew a contract.
(2) Taking legal action for breach of contract.
(3) Taking any action otherwise prohibited under
Chapter 45A of Title 27, Code of Alabama 1975.
(4) Initiating an audit under The Pharmacy Audit
Integrity Act, Article 8, Chapter 23, Title 34, Code of
Alabama 1975.
Section 3. This act shall not apply to the prescribing,
administration, or dispensing of any controlled substances, as
defined in Section 20-2-2, Code of Alabama 1975.
Section 4. This act shall become effective on October
1, 2025.
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