SB23-041 Summary

• Authorizes physicians, physician assistants, and advanced practice registered nurses to prescribe FDA-approved drugs for off-label uses (unapproved indications or different dosages) without violating their practice acts.

• Requires three conditions for off-label prescribing: the off-label use must have longstanding common use, medical evidence must support it with no known contraindications, and the prescriber must provide signed informed consent to the patient or parent/guardian.

• Applies the same standard of care to off-label drug use as to FDA-approved on-label use.

• Prohibits the state board of pharmacy from disciplining pharmacists who dispense prescriptions for off-label drug use under this section.

• Takes effect 90 days after final adjournment of the general assembly, subject to referendum petition; if challenged, requires approval by voters at the November 2024 general election.