HLS 22RS-404 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 117
BY REPRESENTATIVE ECHOLS
DRUGS/PRESCRIPTION: Provides relative to prescribing, administering, and dispensing
of drugs for off-label use
1 AN ACT
2To enact R.S. 37:1704, relative to prescribing, administering, and dispensing of drugs by
3 certain licensed healthcare professionals; to provide for prescription, administration,
4 and dispensing of certain drugs for off-label use by healthcare professionals with
5 prescriptive authority; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1704 is hereby enacted to read as follows:
8 ยง1704. Prescription, administration, and dispensing of FDA-approved drugs for
9 off-label use
10 A. As used in this Section, the following terms have the meaning ascribed
11 in this Subsection:
12 (1) "FDA" means the United States Food and Drug Administration.
13 (2) "Off-label use" means the use of a prescription drug for an indication for
14 which it has not been approved by the FDA or the use of such drug in an age group,
15 dosage, or route of administration that has not been approved by the FDA.
16 B. Neither the Louisiana Department of Health nor any licensing board or
17 commission created by the provisions of this Title shall prohibit or restrict the
18 prescribing, administering, or dispensing for an off-label use of a drug that has been
19 approved for a specific use by the FDA.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-404 ENGROSSED
HB NO. 117
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 Engrossed 2022 Regular Session Echols
Abstract: Provides that neither the state health agency nor any healthcare professional
licensing board of the state shall prohibit or restrict the prescribing, administering,
or dispensing of drugs for off-label use.
Present law provides for licensure and regulation by the state of various types of healthcare
professionals.
Proposed law retains present law and stipulates that neither the La. Dept. of Health nor any
healthcare professional licensing board or commission shall prohibit or restrict the
prescribing, administering, or dispensing for an off-label use a drug that has been approved
for a specific use by the U.S. Food and Drug Administration (FDA).
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Delete proposed law prohibiting certain actions against healthcare professionals
by licensing boards and commissions in connection with the prescription,
administration, and dispensing of drugs for off-label use.
2. Delete proposed law prohibiting certain actions against healthcare professionals
by hospitals in connection with the prescription, administration, and dispensing
of drugs for off-label use.
3. Provide that neither the La. Dept. of Health nor any healthcare professional
licensing board or commission shall prohibit or restrict the prescribing,
administering, or dispensing for an off-label use a drug that has been approved
for a specific use by the FDA.
4. Make technical changes.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.