Bill Text: MS HB1226 | 2018 | Regular Session | Introduced
Bill Title: Free Speech in Medicine Model Act; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB1226 Detail]
Download: Mississippi-2018-HB1226-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Health and Human Services
By: Representative Brown
House Bill 1226
AN ACT TO ADOPT THE FREE SPEECH IN MEDICINE MODEL ACT; TO PROVIDE DEFINITIONS FOR THE ACT; TO AUTHORIZE, AND PROHIBIT THE PROSECUTION OF, THE TRUTHFUL PROMOTION OF OFF-LABEL USES OF PHARMACEUTICAL PRODUCTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, and unless the context otherwise requires:
(a) "Off-label" means the use of an United States Food and Drug Administration-approved drug, biological product, or device other than the use or uses approved by the United States Food and Drug Administration.
(b) "Misbranding" shall have the meaning as the term is defined under federal law in 21 U.S.C. Section 352.
SECTION 2. (1) A pharmaceutical manufacturer or its representatives may engage in truthful promotion of off-label uses.
(2) This article does not require a health insurance carrier, other third-party payer, or other health plan sponsor to provide coverage for the cost of any off-label treatment. A health insurance carrier, other third-party payer or other health plan sponsor may provide coverage for an off-label treatment.
SECTION 3. (1) Notwithstanding any other law to the contrary, no official, employee or agent of this state shall enforce or apply any state law against or otherwise prosecute a pharmaceutical manufacturer or its representatives for engaging in truthful promotion of off-label uses.
(2) Notwithstanding any other law to the contrary, no state regulatory board may revoke, fail to renew or take any other action against a pharmaceutical manufacturer's or representative's, health care institution's, or physician's license solely for engaging in truthful promotion of off-label uses.
SECTION 4. This state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce or cooperate with federal attempts to enforce or apply 21 U.S.C. Section 331 or 352 against or otherwise prosecute a pharmaceutical manufacturer or its representatives solely for engaging in truthful promotion of off-label uses.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.
