DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 117 Original 2022 Regular Session Echols
Abstract: Authorizes the prescription, administration, and dispensing of certain drugs for off-label
use by healthcare professionals with prescriptive authority.
Present law provides for licensure and regulation by the state of various types of healthcare
professionals.
Proposed law retains present law and authorizes any person who is licensed to practice a healthcare
profession pursuant to present law, and who has prescriptive authority, to prescribe, administer, or
dispense for an off-label use a drug that has been approved for a specific use by the United States
Food and Drug Administration (FDA) when he determines, in his professional judgment, that such
off-label use is appropriate for the care and treatment of a patient.
Proposed law prohibits healthcare professional licensing boards and commission created by present
law from initiating any disciplinary proceeding against a licensed healthcare professional with
prescriptive authority for prescribing, administering, or dispensing for an off-label use a drug that
has been approved for a specific use by the FDA.
Proposed law stipulates that no licensed healthcare professional with prescriptive authority who
prescribes, administers, or dispenses for an off-label use a drug that has been approved for a specific
use by the FDA shall be subject to disciplinary action solely because of such prescribing,
administering, or dispensing.
Proposed law prohibits pharmacists from refusing to dispense a drug for which a prescriber has
issued a valid prescription in accordance with proposed law.
Proposed law provides that nothing therein shall be construed to grant any person immunity from
investigation or disciplinary action for violating any provision of present law relative to healthcare
professions and occupations.
Proposed law prohibits hospitals from denying, revoking, terminating, diminishing, or curtailing in
any way any professional or clinical privilege of any person who is licensed to practice a healthcare
profession pursuant to present law and has prescriptive authority solely on the grounds that the
person has prescribed, administered, or dispensed for off-label use a drug that has been approved for
a specific use by the FDA if such prescribing, administering, or dispensing was done in accordance
with proposed law. Proposed law defines "off-label use", for purposes of proposed law, as the use of a prescription drug
for an indication for which it has not been approved by the FDA or the use of such drug in an age
group, dosage, or route of administration that has not been approved by the FDA.
(Adds R.S. 37:1704 and R.S. 40:2109.4)