Current through the 2023 Regular Session
Section 37-2-503 - Health care provider right to advise of lawful health services(1) A health care provider may: (a) make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services;(b) make a patient aware of or educate or advise a patient about health care-related research or data; and(c) offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.(2)(a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.(b) The prohibition on punishment includes an adverse licensure action.(3) This section does not: (a) prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice;(b) impair a private health care entity from establishing standards of practice and communications standards for its employees;(c) impair any right or limitation on medical liability; or(d) prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.Added by Laws 2023, Ch. 533,Sec. 3, eff. 10/1/2023.