Ala. Code § 34-NEW

Current through the 2024 Regular Session.
Section 34-NEW - [Newly enacted section not yet numbered] Physician protections for off-label medical treatment
(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 of Chapter 24, Title 34, Code of Alabama 1975.
(2) COMMISSION. The Medical Licensure Commission of Alabama, as provided in Article 8 of Chapter 24, Title 34, Code of Alabama 1975.
(3) LICENSE. The same meaning as defined in Section 41-9A-1, Code of Alabama 1975.
(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, Code of Alabama 1975.

Ala. Code § 34-NEW (1975)

Added by Act 2024-414,§ 1, eff. 10/1/2024.