Medical Speech and Practice Protection Act Exposed

Model Bill Info
Bill Title	Medical Speech & Practice Protection Act
Date Introduced	July 29, 2016
Date Finalized	September 12, 2016
Date Accessed	April 27, 2018
Type	Model Policy
Status	Final
Task Forces	Health and Human Services
Keywords	Medical Licensing

Summary

The Medical Practice Protection Act makes the Medical Board of {insert state} responsible, through its Division of Licensing and Medical Quality, for fairly monitoring the licensing and regulating of physicians and surgeons. Because the National Institute of Medicine has reported that it can take up to 17 years for a new best practice to reach the average physician and surgeon, it is prudent to give attention to new developments not only in general medical care but in the actual treatment of specific diseases, particularly those that are not yet broadly recognized in {insert state}.

Medical Speech & Practice Protection Act

Section 1. Title.

This Act shall be known as the Medical Practice Protection Act.

Section 2. Purpose.

THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE OR ANY DEPARTMENT OR AGENCY OF THIS STATE, INCLUDING A HEALTH PROFESSION REGULATORY BOARD, OR A PRIVATE ENTITY CONTRACTED WITH A HEALTH PROFESSION REGULATORY BOARD TO CARRY OUT FUNCTIONS OF THE BOARD MAY NOT PUNISH A HEALTH PROFESSIONAL, DIRECTLY OR INDIRECTLY THROUGH A SUBCONTRACTOR OR OTHERWISE, FOR MAKING A PATIENT AWARE OF OR EDUCATING OR ADVISING A PATIENT ABOUT LAWFUL HEALTH CARE SERVICES FOR WHICH THERE IS A REASONABLE BASIS, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES OR HEALTH CARE-RELATED RESEARCH OR DATA, OR FOR OFFERING, PROVIDING OR MAKING AVAILABLE LAWFUL HEALTH CARE SERVICES, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES FOR WHICH THERE IS A REASONABLE BASIS THAT IS ALLOWED UNDER STATE LAW.

Section 3. Definitions.

“LAWFUL HEALTH CARE SERVICE” MEANS ANY HEALTH-RELATED SERVICE OR TREATMENT, TO THE EXTENT THAT THE SERVICE OR TREATMENT IS ALLOWED OR NOT PROHIBITED BY LAW OR REGULATION, THAT MAY BE PROVIDED BY PERSONS OR 5 BUSINESSES THAT ARE OTHERWISE ALLOWED TO OFFER SUCH SERVICES.

“OFF-LABEL USE” MEANS ANY USE IF THE INTENT IS THE PRACTICE OF MEDICINE AND THE USE IS NOT SPECIFIED IN THE LABELING OR INDICATIONS FOR USE FOR PRESCRIPTION DRUGS, BIOLOGICS, APPROVED MEDICAL DEVICES AND DIETARY SUPPLEMENTS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

“LABELING” INCLUDES ANY WRITTEN MATERIAL THAT ACCOMPANIES, SUPPLEMENTS OR EXPLAINS A PRODUCT.

“PUNISH” MEANS TO IMPOSE ANY PENALTY, SANCTION OR DISCIPLINARY ACTION TO DISCOURAGE THE EXERCISE OF A RIGHT UNDER THIS SECTION. SINCERELY HELD RELIGIOUS OR MORAL BELIEF DOES NOT INCLUDE A BELIEF THAT RESTRICTS THE ACCESS BY A PATIENT TO A LAWFUL HEALTH CARE SERVICE BASED ON THE COST OF THE LAWFUL HEALTH CARE SERVICE FOR THAT PATIENT.

“UNPROFESSIONAL CONDUCT” DOES NOT INCLUDE CONDUCT BY A HEALTH PROFESSIONAL WHO IS ACTING WITHIN THE MINIMUM STANDARDS OF PRACTICE AS DETERMINED BY THE HEALTH PROFESSIONAL’S HEALTH PROFESSION REGULATORY BOARD.

Section 4. The Medical Practice Protection Act.

UNLESS AN ENTITY HAS A SINCERELY HELD RELIGIOUS OR MORAL BELIEF, THE ENTITY MAY NOT RESTRICT A HEALTH PROFESSIONAL WHO IS AN EMPLOYEE OF OR AFFILIATED OR CONTRACTED WITH THE ENTITY FOR MAKING A PATIENT AWARE OF OR EDUCATING OR ADVISING A PATIENT ABOUT LAWFUL HEALTH CARE SERVICES, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES, OR HEALTH CARE-RELATED RESEARCH OR DATA.

MAKING A PATIENT AWARE OF OR EDUCATING OR ADVISING A PATIENT ABOUT LAWFUL HEALTH CARE SERVICES, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES, DOES NOT REQUIRE THE HEALTH CARE SERVICE TO BE COVERED UNDER THE HEALTH CARE PLAN OR THE HEALTH CARE SYSTEM THROUGH WHICH THE PATIENT RECEIVES CARE.

MAKING A PATIENT AWARE OF OR EDUCATING OR ADVISING A PATIENT ABOUT LAWFUL HEALTH CARE SERVICES, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES, DOES NOT REQUIRE A HEALTH PROFESSIONAL, AN ENTITY THAT EMPLOYS THE HEALTH PROFESSIONAL OR A HEALTH CARE SYSTEM TO OFFER, PROVIDE OR MAKE THE LAWFUL HEALTH CARE SERVICE, INCLUDING THE OFF-LABEL USE OF HEALTH CARE SERVICES, AVAILABLE TO THE PATIENT.

THIS SECTION DOES NOT: IMPAIR ANY RIGHT OR LIMITATION ON MEDICAL LIABILITY. PREVENT ANY REPORTING TO A HEALTH PROFESSION REGULATORY BOARD REGARDING MEDICAL LIABILITY CASES, SETTLEMENTS OR DECISIONS. IMPAIR OR CONTRADICT ANY OTHER STATE LAW REGARDING LAWFUL HEALTH CARE SERVICES. PROHIBIT A HEALTH PROFESSION REGULATORY BOARD FROM TAKING ACTION IF A HEALTH PROFESSIONAL COMMITS UNPROFESSIONAL CONDUCT ARISING OUT OF THE CONDUCT SPECIFIED IN THIS SECTION.

[Section 5. Repealer Clause]

[Section 6. Severability Clause]

[Section 7. Effective Date]