§ 34-24-360.2 — Prescribing or Recommending Off-Label Medical Treatments

Alabama § 34-24-360.2

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 24: Physicians and Other Practitioners of Healing Arts
• Art. 8: Licensing and Registration of Physicians and Osteopaths
• Div. 3: Suspension or Revocation of Licenses

Text

(a) For the purposes of this section, the following terms have the following meanings:
(1) BOARD. The Alabama Board of Medical Examiners, as provided in Division 1 of Article 3.
(2) COMMISSION. The Medical Licensure Commission of Alabama, as provided in this article.
(3) LICENSE. The same meaning as defined in Section 41-9A-1.
(4) 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.
(5) PHYSICIAN. An individual licensed to practice medicine in this state.
(b) Neither the board nor the commission may revoke, suspend, fail to renew, or take action against a physician’s license based solely on his or her recommended or prescribed off-label medical treatment, unless the physician’s recommended or prescribed off-label medical treatment presents a threat of significant harm to his or her patients or to the general public.
(c) This section shall not apply to the prescribing, administration, or dispensing of any controlled substances, as defined in Section 20-2-2.

Legislative History

(Act 2024-414, §1.)